Powers v. United Services Automobile Ass'n

I dissent because I believe the majority has misapprehended the facts of this case, has ignored several errors committed by the trial court and has distorted our jurisprudence relating to the adjustment of property insurance claims.

I begin by noting my disagreement with the majority’s perception of the critical, false statements which Mr. Powers made to his insurance company. Mr. Powers represented to the company, under oath, that the cause of his boat’s sinking was that the boat’s exhaust hose had “deteriorated” and “broke loose” near the *710point where it exited the hull. The broken hose,…