Express Textile Consultants, Inc. v. General Accident Insurance Co. of America

MEMORANDUM **

Express Textile Consultants (Express Textile) appeals a jury verdict in favor of Appellee General Accident Ins. Co. (General Accident) voiding Express Textile’s coverage and entitling General Accident to recover approximately $1.2 million paid on a claim for a fire at Express Textile’s warehouse. The coverage was voided because the jury found that Express Textile knowingly made material misrepresentations in submitting the claim. Appellant contends that the district court erred by failing to instruct the jury that Express Textile’s alleged misrepresentations would be considered material only if Express Textile believed the misrepresentations were material. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We address Express Textile’s arguments by reviewing the jury instructions to determine if they accurately state the law. Oviatt v. Pearce, 954 F.2d 1470 , 1481 (9th Cir.1992). We conclude that the jury instruction on materiality correctly stated the law, and affirm.

The court instructed the jury that “[i]f the alleged misrepresentation concerns a subject which is reasonably relevant to General Accident’s investigation, or if a reasonable insurer would attach…