Barth v. State Farm Fire & Casualty Co.

Chief Justice Thomas and Justices Freeman, Fitzgerald, Carman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

A fire destroyed plaintiff Rodney J. Barth’s home, and he filed a fire loss claim with his insurer, State Farm. State Farm denied the claim under an exclusion in Barth’s policy voiding coverage if the insured intentionally concealed or misrepresented a material fact impacting coverage. Barth filed a complaint against State Farm in the circuit court of Sangamon County seeking damages after the denial of coverage.

The primary issue before us is whether the exclusionary…