Home Mutual Fire Insurance Company v. Cartmell

J. Fred Jones, Justice.

Gerald Cartmell sued the Home Mutual Fire Insurance Company in the Madison County Circuit Court on an insurance policy for damage caused by lightning to the foundation of a house under construction. Judgment was entered in favor of Cartmell on a jury verdict for $371.48. Statutory penalty of 12% and attorney’s fee in the amount of $250 was assessed against the insurance company, and it appeals to this court relying on the following point for reversal:

“1. The court erred in refusing to give appellant’s offered instruction No. 4 which directed the jury to return a verdict…