Fenton Country House, Inc. v. Auto-Owners Insurance

Defendant appeals a directed verdict of liability at the close of its opening statement to the jury, which was granted for (1) indefiniteness and lack of particularity in the allegations of arson by defendant in its pleadings and (2) omission in the opening statement of a proposition of fact essential to relief.

Plaintiffs complaint alleged that defendant issued a fire insurance policy on certain of its business personal property, and that such property was destroyed by a fire. Plaintiff, then, contended that it was entitled to recover the insurance proceeds from that policy. Defendant…