Great Southwest Fire Ins. Co. v. Stone

Was it error for the trial court to grant an insured's motion for a directed verdict as to his insurer's affirmative defenses of arson, willful concealment of facts, or misrepresentation? That is the critical question presented by the insurer's appeal.

The facts, succinctly stated, are as follows:

Appellee Jim Stone was the operator of a nightclub in Huntsville which was damaged by fire. Great Southwest Fire Insurance Company refused to cover the loss caused by the fire.

Stone filed suit in which he sought recovery for the damage he claimed he suffered. Great Southwest filed a general denial…