Fiorangelo Spezialetti and Lorraine Spezialetti, Husband and Wife, D/B/A Spezi's Lorraine Spezialetti v. Pacific Employers Insurance Company

OPINION OF THE COURT

WEIS, Circuit Judge.

In this diversity case, a wife asserts that as an innocent spouse she is entitled to recover fire insurance proceeds on jointly owned premises that were destroyed by arson for which her husband was convicted. The district court held that since both husband and wife were named insureds in the policy, an exclusion denying coverage where a fraudulent act was committed by “any insured” applied. We agree and will affirm summary judgment for the defendant insurer.

Plaintiff Lorraine Spezialetti and her husband Fiorangelo owned and operated a bakery business in…