Breeden v. Independent Fire Insurance Co.

OPINION

HENRY, Justice.

This civil action presents for solution the question of the admissibility, in a civil action, of a declaration against penal interest.

I

This issue arises in the context of a civil suit by insured property owners seeking to recover the full coverage under a standard fire insurance policy, wherein the defendant insurance company’s sole defense was arson.

The case was tried to the court and jury and resulted in a verdict for the plaintiff. Upon appeal, the Court of Appeals unanimously reversed.

This controversy stems from the efforts by the defense to present the testimony of…