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STATE FARM FIRE AND CAS. CO. v. BARTON

Nos. 89-2324 and 89-2330.

897 F.2d 729 (1990)

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff-Appellant, v. Douglas C. BARTON, Defendant-Appellee. STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff-Appellee, v. Douglas C. BARTON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 5, 1990.

Attorney(s) appearing for the Case

Jeter E. Rhodes, Jr., argued, G.D. Morgan, on brief, Whaley, McCutchen, Blanton & Rhodes, Columbia, S.C., for appellant.

James Marcus Whitlark, argued, David A. Fedor, David E. Massey, on brief, Fedor & Massey, Columbia, S.C., for appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and RUSSELL and HALL, Circuit Judges.

POWELL, Associate Justice:

The question presented is whether the district court erred in denying appellant's JNOV and new trial motions. We hold that the district court properly denied these motions, except to the extent that it upheld the jury's verdict awarding consequential damages. We also hold that the district court properly awarded an offset of $43,879.71 against the judgment.

I

Appellee Douglas C. Barton had a homeowners insurance policy...

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