A man owned a yacht and a sailboat. He obtained two insurance policies, one for the yacht and the other for the sailboat, insuring each against loss or destruction. Thereafter, the man informed the insurer that his yacht sank and demanded payment from the insurer. When the insurer refused to pay, the man commenced a proper diversity action against it for breach of contract. The man did not request a jury. In its answer, the insurer denied liability, alleging that the man obtained the policy with the fraudulent intent to sink the yacht and collect the proceeds. In addition, the insurer asserted a counterclaim seeking rescission of the sailboat policy, asserting that it too was procured with intent to defraud. After discovery, the insurer moved for summary judgment dismissing the man's claim. The court granted the motion. Thereafter, a bench trial was conducted on the insurer's counterclaim for rescission, and the court granted the insurer's counterclaim, finding that the sailboat contract was procured by fraud. The man appealed both of the court's rulings. What is the standard of review on appeal for the grant of summary judgment and the findings of fact at the bench trial