Frank Watkins v. The Continental Insurance Companies

TATE, Circuit Judge:

On January 28, 1980 the plaintiff Watkins’ home near Vardaman, Mississippi was destroyed by fire. Watkins brought this Mississippi diversity action against his homeowner’s insurer to recover under the policy for the fire loss thereby sustained. At the close of the plaintiff’s case, the district court granted the defendant insurer’s motion for a directed verdict. The court concluded as a matter of law, relying on Edmiston v. Schellenger, 343 So.2d 465 (Miss.1977), that a certain statement, made by Watkins to the company in the course of its investigation of the fire,…