Good v. Continental Insurance Company

Harwell, Justice:

Respondents initiated this action to recover proceeds from a fire insurance policy issued by appellant. At appropriate stages during trial, appellant moved for a directed verdict, a judgment notwithstanding the verdict or in the alternative for a new trial. Appellant alleges the trial court’s denial of the motions was error. We agree and reverse, setting aside the jury’s verdict of $49,600.00.

Appellant insured respondents’ house against loss by fire with a standard homeowners policy. The policy contained the following standard increase hazard clause:

Unless otherwise provided…