State Farm Fire & Casualty Co. v. Hornback

The opinion of the court was delivered by

Owsley, J.:

State Farm Fire and Casualty Company insured a dwelling owned by James L. Kelly against loss by fire. David and Carol Homback occupied the residence as tenants of Kelly. On November 18, 1971, a fire occurred at the residence and State Farm was obligated under the policy to pay for the damage in the amount of $3,650.54.

State Farm, acting as subrogee of the rights of Kelly, sued the Horobacks, contending the fire and damage was a direct result of their negligence. A jury 'trial resulted in a verdict in favor of State Farm. The Horobacks moved…