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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,
JACQUELINE DAVIS FROST, CYNTHIA DICKERSON, THE REFLECTIONS ASSOCIATION OF UNIT OWNERS, INC., JAZ DICKERSON, HENDERSON PROPERTIES, INC., and WILLIAM EVANS, Defendants.
J. Conrad, Jr. United States District Judge.
MATTER comes before the Court on Plaintiff Allstate
Insurance Company's (“Plaintiff”) Motion for
Default Judgment and supporting memorandum, (Doc. Nos. 27 and
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.
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 ...