Lawton v. Great Southwest Fire Insurance

In this action the plaintiff seeks damages against his insurance company for its alleged failure to make payment of a fire loss pursuant to a fire insurance policy between the plaintiff and the defendant. After hearing, the trial court granted the defendant’s motion to dismiss counts 1 and 2 of the plaintiff’s declaration, which alleged an intentional failure and a negligent failure to make payment pursuant to the policy, and portions of count 3, which sought consequential damages in excess of the policy limits. Plaintiff’s exceptions to these rulings were reserved and transferred by Flynn, J.