Brown v. State Farm Mutual Automobile Insurance Co.

ROBERTSON, Judge.

At issue in this case is the application of the doctrines of waiver and estoppel under circumstances in which an insurance company denies coverage by letter claiming that the loss was “not a loss as defined by your policy.” The insured sued the insurance carrier for her loss and for vexatious refusal to pay. The trial court sustained the insured’s motion in limine, thereby prohibiting the insurer from introducing its evidence that the loss was not covered under the policy, and directed a verdict in favor of the insured on the issue of liability on her loss. The jury assessed…