Batka, Francis J. v. Liberty Mutual Fire Insurance Company

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Francis J. Batka, a policyholder of two insurance policies issued by Liberty Mutual Insurance Company, appeals from a judgment in favor of Liberty Mutual Fire Insurance Company in his diversity suit for recovery of the amount of a fire loss occurring to his home and automobile. Liberty Mutual asserted defenses of arson, fraud in the presentation of the fire loss claims, and fraud in the application for the policy. The jury’s verdict was in Batka’s favor on the arson and fraud in the loss claim, and that aspect of the case is not before us. The jury…