Brooks Fiveash v. Allstate Insurance Company

Brooks and Bobbie Fiveash appeal the district court’s order granting judgment as a matter of law in favor of Allstate on their breach of contract claim. With the benefit of oral argument, and for the reasons that follow, we reverse and remand.

I

In May of 2009, the Fiveash home in Tallapoosa, Georgia, sustained fire damage. The Fiveashes filed an insurance claim under their policy with Allstate. Fire investigators concluded that the fire had been set intentionally, as the doors to the home were locked at the time of the fire and there was no sign of forced entry. Allstate conducted its own…