Phillips v. State Farm Fire & Casualty Co.

—In an action, inter alia, to recover damages for failure to pay for fire loss pursuant to an insurance policy, the defendant appeals from a judgment of the Supreme Court, Suffolk County (Hall, J.), entered September 26, 1996, which, upon a special jury verdict finding that the plaintiff did not cause or solicit the fire, and a prior jury verdict on the issue of damages, is in favor of the plaintiff in the principal sum of $75,234.

Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for a new trial on the issue of…