State Farm Fire & Casualty Company v. Fuller

Deen, Chief Judge.

This is an appeal from the dismissal of appellant’s petition for declaratory judgment. State Farm insured a house belonging to Fuller. The house burned and the insured filed proof of loss. The insurer states it has good cause to believe it has a defense to the claim in that the insured intentionally burned the structure and then grossly inflated his claim for damages in order to defraud the company. State Farm is presently investigating under a nonwaiver of rights agreement, and no demand for payment has been made.

It is clear from the above that the insurer is not seeking to…