James D. Arms v. State Farm Fire & Casualty Company

I agree with the majority of the panel that arson may be proved by circumstantial evidence and that State Farm is entitled to the benefit of every inference favorable to it which may be fairly drawn. However, the circumstantial evidence here was simply insufficient. In addition to proving motive and the fact that the fire was of incendiary origin there must be evidence that the insureds had an opportunity to set the fire, or of some additional circumstance that establishes culpability.

Generally, opportunity is considered to be something more than proof that there was a possibility that the…