Powell v. Merrimack Mutual Fire Insurance

ORDER

MURPHY, District Judge.

This action arises out of a loss suffered by the insured plaintiff as a result of the destruction of his home by fire. Defendant insurer has refused to honor its insured’s claims asserting that fraud and arson invalidate the insurance coverage. This action was removed to federal court from the Superior Court of Fulton County, Georgia. Presently pending before the Court are motions to compel discovery by each party and a motion for summary judgment by the plaintiff.

In moving for summary judgment, the plaintiff contends that even if arson or fraud were proven his…