Trinity Universal Insurance v. Kirsling

KIDWELL, Justice.

Trinity Universal Insurance Company (Trinity) filed suit against Benedict Kirsling (Kirsling) and Lynette Marco (Marco) to recover payment made under a fire insurance policy for damage to a residence. Trinity alleged that Kirsling’s intentional act caused the loss. Marco contended that she was nonetheless allowed to recover under Trinity’s insurance policy because she was an innocent co-insured. Trinity and Marco filed cross motions for summary judgment. The district court found, as a matter of law, Marco could retain the money Trinity paid her under the policy as a result of…