Pennsylvania Millers Mutual Insurance v. Baker

Banke, Chief Judge.

The appellee, Shirley J. Baker, sued the appellant insurance company to recover benefits allegedly due her under a fire insurance policy covering her house. The insurance company denied liability on the basis of a policy exclusion applicable to losses “arising out of any act committed by or at the direction of the insured with the intent to cause a loss.” This appeal is from the trial court’s grant of partial summary judgment to Mrs. Baker on the issue of liability.

The appellee submitted an affidavit stating that she had left the house at about 9:00 a.m. on the morning the…