193427P.pdf   02/16/2022  Rick Merechka  v.  Vigilant Insurance Company
   U.S. Court of Appeals Case No:  19-3427
                          and No:  19-3497
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
   [PUBLISHED] [Stras, Author, with Gruender and Benton, Circuit Judges] 
   Civil case - Insurance. The district court did not err in determining that 
   the plaintiff insured had intentionally lied about the amount of personal 
   property he lost in the covered fire, a material fact which voided the 
   policy; the concealment-or-fraud provision in the policy was not 
   ambiguous; neither of the two Arkansas statutes plaintiff relies on 
   excuses his intentional and material misrepresentations about the extent 
   of his loss; the district court erred in granting partial summary judgment 
   to plaintiff on defendant's counterclaim to recover the money it had paid 
   plaintiff's mortgage lender as the court ruled on a ground not raised by 
   either party, without giving the parties notice and a reasonable time to 
   respond; remanded for further proceeding on the counterclaim; discovery 
   ruling concerning video tapes affirmed.