Fuston v. National Mutual Insurance

NEAL, Judge.

Plaintiff-appellee, National Mutual Insurance Co. (National), filed an action for declaratory judgment to determine coverage for fire loss on a Homeowners Insurance Policy issued to the defendants-appellants, Daniel L. Fuston and Zelma A. Fuston (Fu-stons). National claimed that Fustons had intentionally caused the fire and breached other policy provisions as well. Fustons filed a counterclaim for policy coverage. From an adverse jury verdict and judgment on both their counterclaim and National’s declaratory judgment action, Fustons appeal.

We reverse.

STATEMENT OF THE FACTS

Fustons,…