Old Republic Ins. Co., Inc. v. Fuller

I cannot agree that we should overturn the trial court’s findings in this case. The insurance company had the burden to prove by competent and sufficient evidence that Fuller ratified the fraudulent settlement of his worker’s compensation claim by accepting benefits from it. The trial court’s finding that Fuller did not ratify the settlement amounts to a failure to find that the insurance company met its burden of proof, and in my opinion Fuller’s actions do not show that the trial court’s failure to find ratification was against the conclusive evidence or against the great weight and…