Day v. Alfa Mutual Insurance

KENNEDY, Justice.

The defendants, Joe and Rose Day, insureds under a homeowner’s policy, appeal from a judgment based on a jury verdict entered in favor of the plaintiff, Alfa Mutual Insurance Company (“Alfa”), in Alfa’s declaratory judgment action. The issue is whether Alfa presented a prima facie case implicating the Days in the arson of their insured dwelling.

The facts are as follows: Joe and Rose Day were given a piece of land in Elberta, Alabama. They sold their home in Kentucky in order to retire in Elberta, where Rose’s family lived.

Mr. Day built a two-story log home on the land in…