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Allstate Insurance Co. v. Frost

United States District Court, W.D. North Carolina, Charlotte Division

March 6, 2018

ALLSTATE INSURANCE COMPANY, Plaintiff,
v.
JACQUELINE DAVIS FROST, CYNTHIA DICKERSON, THE REFLECTIONS ASSOCIATION OF UNIT OWNERS, INC., JAZ DICKERSON, HENDERSON PROPERTIES, INC., and WILLIAM EVANS, Defendants.

          ORDER

          Robert J. Conrad, Jr. United States District Judge.

         THIS MATTER comes before the Court on Plaintiff Allstate Insurance Company's (“Plaintiff”) Motion for Default Judgment and supporting memorandum, (Doc. Nos. 27 and 28).

         I. BACKGROUND

         This case involves an action where Plaintiff seeks a declaratory judgment against Defendant Frost. (Doc. No. 7). Specifically, Plaintiff asks this Court to clarify that Plaintiff has no obligation to defend Frost in an underlying lawsuit filed in Superior Court of Mecklenburg County, No. 15 CVS 14953. (Id.).

         Frost signed a Condominium Owner's Policy of Insurance (“the Policy”) with Plaintiff under policy number 968989343. (Doc. Nos. 7 ¶ 11, 7-1). The Policy contains a section that states:

SECTION II - CONDITIONS
J. Concealment or Fraud
We do not provide coverage to an insured who, whether before or after a loss, has:
1. Intentionally concealed or misrepresented any material fact or circumstance;
2. Engaged in fraudulent conduct; or
3. Made false statement;
relating to this insurance.

(Doc. 7-1 at p. 40). Plaintiff states that the Policy was issued after accepting Frost's application, (Doc. No. 7-2), which was signed February 26, 2015 and contained assurances that all statements made within were true. (Doc. No. 7 ¶¶17-16). In the Application, Frost stated that the condominium in question would be occupied within the next 30 days and was not “regularly unoccupied during the day or evening by all adult occupants ...


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