United States Fidelity & Guaranty Co. v. Maish

Lewis, J.:

United States Fidelity & Guaranty Company (USF&G) sued Jimmy Maish, Jr., et al, (Maish) for damages based on civil fraud and conspiracy in connection with a fire loss. The trial court directed a verdict in favor of Maish, holding that the claim of USF&G against Maish was a compulsoiy counterclaim it failed to assert in a prior action between the parties. USF&G appeals from that decision and from an award of attorney fees in favor of Maish. Maish cross-appeals on a jury instruction issue.

Maish was the owner and sole officer of R.V. Specialists, Inc., (R.V.S.) and H.C.S., Inc.,…