Maguire v. Merrimack Mutual Insurance

This is an appeal from an order of the Superior Court (Groff, J.) denying the defendant’s motion for'attorney’s fees. The issue presented is whether the trial court erred in denying the defendant’s motion where the jury determined by a preponderance of the evidence, using a special verdict form, that the plaintiffs set fire to their own home in order to obtain insurance proceeds. We affirm.

In 1982 the plaintiffs commenced an action against the defendant for fire insurance benefits under a homeowner’s insurance policy. The defendant refused to pay on the ground that the plaintiffs, or someone…