Home-Owners' insurance denial overturned on appeal

Home Owners Insurance Company refused to pay Ginger Stein's homeowner's fire insurance claim because it claimed she had misrepresented a material fact in her application for benefits after the loss.  The trial judge summarily granted judgment in favor of the insurer, concluding that Stein "did not tell the truth," and Stein's attorneys appealed.  The higher court reversed and sent the case back to be resolved after the trier-of-fact had the opportunity to assess the parties' credibility.  It noted that a judge may not make credibility determinations in granting summary disposition.