Pacific Indem. Co. v. Golden, 985 F. 2d 51 - Court of Appeals, 2nd Circuit 1993

Defendant-appellant Donald Golden appeals from an amended judgment entered in the United States District Court for the District of Connecticut (Eginton, J) awarding plaintiff-appellee Pacific Indemnity Company ( Pacific ) $2,191,821.78. Pacific brought this action in the district court for a declaration that it had no liability to Golden for a fire loss under the terms of an all-risk insurance policy it had issued to Golden, and for damages against Golden for reimbursement of all monies paid by Pacific in accordance with the terms of the policy. The district court granted summary judgment for Pacific, declaring that Golden had made material misrepresentations during an informal interview with a representative of Pacific and therefore had violated the Concealment or fraud provision of the insurance policy. See Pacific Indem. Co. v. Golden, 791 F.Supp. 935 (D.Conn.1991). Pacific then moved for an order amending the judgment to include the sums disbursed to Golden\u27s mortgagee. The district court granted the motion and the judgment was amended to include the money award. For the reasons that follow, we hold that the district court erred in granting Pacific summary judgment, and we remand the case to the district court for further proceedings consistent with this opinion