Rizka v. State Farm Fire and Casualty Co.
- Summarized by Dean Langdon , DelCotto Law Group PLLC
- 8 years 10 months ago
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- 16-1055 (6th Circuit, Apr 12,2017) Not Published
- Tag(s):
-
- Ruling:
- The Sixth Circuit affirmed the opinion of the District Court for the Eastern District of Michigan, which granted summary judgment in favor of the debtor's homeowner's insurance carrier, finding the debtor was judicially estopped from bringing her claim.
- Procedural context:
- Debtor sued homeowner's insurance carrier for denial of claim, and the District Court granted summary judgment to the insurer on the grounds of judicial estoppel and fraud. Debtor appealed to the Sixth Circuit Court of Appeals
- Facts:
- Debtor filed chapter 7 in August, 2011, claiming no real property and only $1800 in personal property. A year later, the debtor filed an insurance claim of $250,000 for water damage to a home and $200,000 for damage to personal property. The District Court found the debtor took contrary positions, made fraudulent statements to her insurance carrier, and that this was not done through mistake or inadvertence.
- Judge(s):
- Batchelder, Sutton and Kethledge; opinion by Batchelder
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