Stone v. Certain Underwriters at Lloyds, London

MEMORANDUM OPINION

ELLIS, District Judge.

When plaintiffs’ residence was damaged by a fire, they made claims for the loss under their insurance policies with Empire Fire and Marine Insurance Co. (“Empire”) and Certain Underwriters at Lloyd’s, London (“Lloyd’s”). Lloyd’s declined coverage on the ground that it believes the fire was intentionally set by plaintiffs. Empire, however, paid plaintiffs a pro-rata share of the loss pursuant to an Empire policy provision relating to the existence of other insurance. Plaintiffs claim here is that both insurers are jointly and severally liable for the…