State Farm Fire and Cas. Co. v. Fincher

This is a fraud case. The holder of a homeowner's insurance policy sued the insurance company and its adjuster for breach of contract and fraud. The jury awarded $100,000.00 for fraud. The trial court entered judgment on the verdict and denied defendants' post-trial motions. Defendants appeal.

Defendants raise five issues, but we find that those relating to pleading fraud with particularity are determinative of the appeal. Those issues relate to defendants' motion to dismiss the complaint and their motion for directed verdict at the close of plaintiff's evidence.

Ronald R. Fincher filed the…