Elmer Houle and Theresa Houle, Husband and Wife v. Allstate Insurance Company, an Illinois Corporation

968 F.2d 1221 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Elmer HOULE and Theresa Houle, husband and wife, Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellee. No. 91-16890. United States Court of Appeals, Ninth Circuit. Submitted July 2, 1992. * Decided July 15, 1992. 1 Before HUG and SCHROEDER, Circuit Judges, and von der HEYDT, ** District Judge. 2 MEMORANDUM *** 3 After a trial on the merits, the district court concluded that no contract of insurance existed between Allstate Insurance Company and the Houles and that even if such a contract did exist, it was voided because of misrepresentations by the Houles. The findings of fact by the court were necessarily heavily dependent upon assessments of the credibility of the witnesses. 4 We review the district court's findings of fact for clear error. Price v. Seydel, 961 F.2d 1470 (9th Cir.1992). The findings of fact of the district court are well supported by the record, and…