Mina v. General Star Indemnity Co.

Plaintiff appeals as of right from a judgment of no cause of action entered following a jury trial. We reverse and remand for a new trial.

Plaintiff was the owner of a business known as Mr. Ted’s Lounge. On February 22, 1991, plaintiff purchased a fire insurance policy from defendant that covered Mr. Ted’s Lounge. On May 27, 1991, Mr. Ted’s Lounge was destroyed by a fire. Subsequent investigation established that the fire had been intentionally set. Plaintiff notified defendant of the loss, but defendant denied the claim on the basis of fraud, false swearing, and arson.

On December 11, 1991,…