Wilburt Sales, Jr., Janice T. Sales, Cross-Appellants v. State Farm Fire and Casualty Company, Cross-Appellee

FAY, Circuit Judge:

State Farm Fire & Casualty Company (“State Farm”) appeals a jury verdict awarding insurance proceeds to Janice Sales. Wilburt Sales, Janice’s husband, cross-appeals the jury’s failure to award him any of the proceeds. Because we find that the trial judge erroneously instructed the jury regarding Georgia’s doctrine of innocent co-insureds, we remand for a new trial.

I. BACKGROUND

On October 16, 1983, a fire totally destroyed the home of Wilburt and Janice Sales. State Farm insured the home. The policy named both Mr. and Mrs. Sales (“the Sales”) as insureds. After the fire,…