Commerce Union Bank v. Midland National Insurance

WEIGHT, JUSTICE.

This is an action on insurance contracts brought by plaintiff, Commerce Union Bank, the assignee, under a conditional sales contract against defendants, Midland National Insurance Company and Bobert Lewis Angel, the insurors, for damages to a 1959 Mack tractor caused by fire.

During the trial held before the court, without a jury, the defendants asserted the affirmative defenses of arson on the part of the owner of the vehicle and the failure of the plaintiff to furnish proof of loss under the terms of the policies. At the conclusion of the trial, the trial court ruled that…