American Economy Insurance v. Liggett

GARRARD, Judge.

In this case the trial court granted summary judgment in favor of a policy holder for a fire loss claim although there was an issue of fact concerning whether the claimant’s deceased husband may have caused the fire. Stressing that the claimant’s innocence of any complicity was stipulated by the parties, Judge Beamer analyzed the reasons supporting the competing rules of law on the question thus presented. We agree with his conclusion and adopt his opinion as the decision of this court:

“This dispute is over the proceeds of a homeowners insurance policy following a fire loss at…