Breeden

MEMORANDUM * .

In this diversity matter, Allstate seeks a declaratory judgment that Ralph Breeden voided his fire insurance policy by misrepresenting the extent of his loss after a fire in his home. The District Court granted *657 summary judgment to Allstate, and Breeden appealed. Because we find that there exist disputed issues of fact, we hold that summary judgment should have been denied. We reverse the District Court’s grant of summary judgment to the insurer, vacate the District Court’s other determinations, which were premised on the summary judgment grant, and remand for further proceedings, including a trial on the merits.

FACTUAL AND PROCEDURAL HISTORY

On June 22, 2000, for reasons still undetermined, a fire erupted and severely damaged Ralph Breeden’s home in Lebanon, Oregon. At the time, Breeden held an Allstate insurance policy, which covered real and personal property against loss by fire, as well as additional living expenses for loss of use of his residence in case of such an incident. Breeden notified Allstate of the fire and made a claim for indemnification. In August 2000, Breeden submitted to Allstate a claims form listing personal property valued at…