Aurelio Pedone Lidia Pedone v. State Farm Fire and Casualty Company

95 F.3d 1158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Aurelio PEDONE; Lidia Pedone; Plaintiffs-Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellee. No. 95-55323. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1996. Decided Aug. 8, 1996. Before: FLETCHER, BEEZER, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 A. Directed Verdict on the Contract Issues. 3 We review the directed verdict de novo, to determine whether, viewing the evidence in the light most favorable to the nonmoving party, the evidence permits only one conclusion. Berry v. Bunnell, 39 F.3d 1056, 1057 (9th Cir.1994). We have done so, and conclude that the directed verdict was properly granted. The evidence permits but one conclusion, that the Pedones made false, material statements to State Farm in the course of its investigation. 4 State Farm sought financial information to determine whether the Pedones had a financial incentive to burn their own house…