Yates v. Whitten Valley Rental Corp.

This is an insurance contract dispute arising from the collapse of a partially built apartment building owned by plaintiff, Whitten Valley Rental Corporation (Whitten). Whitten alleged that the building was insured pursuant to an oral contract of insurance with defendant, State Farm Fire and Casualty Company (State Farm). However, State Farm denied the existence of such a contract.

On appeal, the dispositive issue is whether the plaintiff proved the existence of an oral contract of insurance. At trial, a jury returned a verdict in favor of Whitten and judgment was entered thereon. In our view,…