Claude Norman, Eloise Norman v. State Farm Fire & Casualty Co.

This curious appeal presents issues arising from the destruction, by arson of the husband, of a married couple’s insured residence. 1 The structure was community property. The fire insurance carrier denied liability and, at the ensuing trial, the jury found that Norman intentionally burned the house. In reliance on the apparently settled Texas law that neither spouse could recover insurance proceeds when either of them deliberately destroyed jointly-owned, insured property, the trial court gave judgment against both of the Normans.

A few days earlier, however, and unknown to our court, the…