Mineo v. Eureka Security Fire & Marine Insurance

Opinion by

Woodside, J.,

We are. faced here with the question of whether this Court .should permit recovery, from insurance com*77panies for a fire loss, when this Court has already held that the insureds were properly convicted of procuring the burning of the property for which recovery is sought.

Joseph S. Tomaino and Thomas Preño were proprietors of a restaurant in Scranton which was destroyed by fire on October 17, 1948. The proprietors were convicted of criminally setting the fire and sentenced to the penitentiary. Their conviction was sustained by this Court in Com. v. Tomaino, 168 Pa.…