Ryan v. MFA Mutual Insurance Co.

OPINION

DROWOTA, Judge.

The sole issue in this appeal from the granting of a motion to dismiss is whether an innocent co-insured can collect on a joint insurance policy where the other co-insured destroyed the insured property, and where the innocent co-insured’s interest in the property is severable from that of the other co-insured. In this case, appellant James Ryan’s wife set fire to their house, and Ryan sought a recovery from appellee MFA Mutual Insurance Company for the value of certain destroyed contents of the house which he claimed belonged to him. A copy of Ryan’s policy with the…