1. Home
  2. Browse Decisions
  3. So.2d
  4. 527 So.2d
  5. 527 So.2d 632 (1988)
 

McGORY v. ALLSTATE INS. CO.

No. 57650.

527 So.2d 632 (1988)

Bobby McGORY and Dorothy McGory v. ALLSTATE INSURANCE COMPANY.

Supreme Court of Mississippi.

Rehearing Denied July 13, 1988.

Attorney(s) appearing for the Case

Jim Waide, Tupelo, for appellant.

Lynn Brumfield, McCoy, Wilkins, Noblin & Stephens, Jackson, for appellee.

Michael D. Greer, W. Scott Collins, Mitchell, McNutt, Bush, Lagrone & Sams, Tupelo, Guy T. Gillespie, III, Robert H. Faulks, Holcomb, Dunbar, Connell, Chaffin & Willard, Oxford, James L. Carroll, Richard T. Lawrence, Robert A. Miller, Watkins & Eager, Mark Haire, Arthur F. Jernigan, Jr., Phelps, Dunbar, Marks, Claverie & Sims, Jackson, for amicus curiae.

Before DAN M. LEE, P.J., and ROBERTSON and ZUCCARO, JJ.

ROBERTSON, Justice, for the court:

I.

This is a fraud by civil arson case. The jury found for the insurer, and judgment has been entered voiding coverage on the insureds' rental property. The case must be reversed, however, because the trial court failed to require that the insurer prove the insureds' arson by clear and convincing evidence, opting instead for the lesser by-a-preponderance-of-the-evidence standard. We remand for a new trial.

II....

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases