Kentner v. Gulf Insurance

We allowed review of this case primarily to determine whether proof of reckless indifference is sufficient to establish the scienter element for statutory insurance fraud. We hold that it is but nevertheless affirm the reversal and remand entered by the Court of Appeals for a different reason.

While the principal question is not complex, this case presents several other questions. For this reason, we must recite some of the lengthy history of this case.

Plaintiffs Kentners, husband and wife, purchased a homeowners’ insurance policy, which included fire insurance coverage, from defendant Gulf…