Commercial Union Insurance v. State Farm Fire & Casualty Co.

RULING ON MOTIONS FOR SUMMARY JUDGMENT

WEINSHIENK, District Judge.

Early in the morning of June 14, 1981, defendant Julian Oxford poured gasoline on the living room carpet and set fire to the family home in Glenwood Springs, Colorado. At that time his wife, defendant Charlotte Oxford, was in Grand Junction, Colorado, and the couple’s three children were at summer camp. Defendant State Farm Fire and Casualty Company (State Farm) carried an insurance policy on the Oxford home which had never been cancelled, although the Oxfords had obtained replacement coverage from plaintiff Commercial Union…