Bob Yates and Wife, Mary A. Yates v. State Farm Fire and Casualty Company

The plaintiffs prevailed in a suit on a fire insurance policy. Their home and its contents were totally destroyed by fire. The defendant insurance company undertook to establish two affirmative defenses: One, that the fire originated by act, design or procurement on the part of plaintiffs; two, that plaintiffs were guilty of false swearing as to the value of the contents of the house.

The district court concluded that defendant failed to establish the affirmative defenses. We agree. The affirmative defenses presented fact questions. Voluminous evidence was introduced and the issues were…