Lamb v. United States Fire Insurance

It is conceded that the fire was purposely set. Pools of kerosene and kerosene-soaked newspapers were found in those portions of the house which did not burn. Although the duty of adducing some proof that the plaintiff was responsible for the fire devolved upon the defendant, no logical reason appears for holding inapplicable the usual rule which places “upon a plaintiff the general risk of non-persuasion.” “She [the plaintiff] was uninsured for a fire set by her own procuring,” and “Her right of recovery depended upon proof that her loss was insured.” Trepanier v. Insurance Co., ante, 118.

At…