Schultz v. Republic Insurance Co.

Plaintiffs appeal from a judgment entered on a jury verdict for defendant in an action for amounts allegedly due under a homeowner’s insurance policy for fire damage to their residence. They contend that the trial court erred in refusing to give (a) a tendered non-IPI instruction concerning the presumption of innocence, and (b) two special interrogatories regarding their involvement in the arson which occasioned the loss.

A residence owned by plaintiff was damaged by a fire which it is agreed was intentionally set. The property was covered by a homeowner’s insurance policy issued by defendant,…