Fowler v. Insurance Co. of North America

Smith, Judge.

Appellee Gilmer owned a residence which was partially destroyed by fire on October 21,1976. 1 The residence was insured by the Insurance Company of North America, which paid Gilmer $28,505.50 pursuant to a homeowner’s policy. In November, 1976, Gilmer employed Fowler “to repair the fire damage to the residence.” On or about December 22,1976, Gilmer reinsured the property. On January 5, 1977, when “the repair work being performed by . . . Fowler... was 95% completed,” a second fire “of unknown origin... [and] not attributable to the negligence or fault of either... Gilmer or . . .…