Gann v. Household Life Insurance Company

Filing 112

ORDER denying 109 Motion for Reconsideration. No good reason to reconsider the merits decision is presented by Gann's post-judgment motion. Signed by Judge D. P. Marshall Jr. on 4/17/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
PLAINTIFF

CRYSTAL GANN

v.

No. 3:13-cv-71-DPM

HOUSEHOLD LIFE INSURANCE
COMPANY

DEFENDANT

ORDER

Gann's motion for reconsideration, NQ 109, is denied. First, Gann makes
a new argument, which is not properly asserted at this point because it was
available before. Second, Gann relies on the faulty premise that the Court
held that the policy was rescinded. It did not. The Court stated, as a matter
of fact, that Household Life sent Gann the premiums that Ms. Griffin had paid
instead of the policy proceeds. NQ 107 at 2. The Court held that Household
Life was entitled to rescind under the statute, not that rescission had occurred.
Finally, Household Life did not waive its statutory misrepresentation defense;
nor were its rescission efforts improper. No good reason to reconsider the
merits decision is presented by Gann' s post-judgment motion. The Court
appreciates Household Life's expedited response.

So Ordered.

D .P. Marshall Jr.'
United States District Judge

J?~:;...01~

-2-