Johnson v. Auto-Owners Insurance Group

Plaintiff appeals as of right the judgment entered on a jury verdict awarding him $82,266 pursuant to his homeowner’s insurance policy with defendant. Defendant cross appeals from the same judgment.

On February 24, 1989, plaintiffs house and its contents were completely destroyed by a fire that the parties agree was caused by arson. At the time of the fire, plaintiff was insured against fire loss by defendant.

Defendant alleged the defense of arson, claiming that plaintiff set the fire or arranged to have the fire set.

At the conclusion of the instructions, the trial judge submitted the case to…