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O-SO DETROIT, INC. v. HOME INS. CO.

Nos. 91-1078, 91-1158 and 91-1432.

973 F.2d 498 (1992)

O-SO DETROIT, INC. d/b/a Towne Club, a Michigan corporation, Plaintiff-Appellee, Cross-Appellant (91-1158), Plaintiff-Appellant (91-1432), v. HOME INSURANCE COMPANY, a New Hampshire corporation, Defendant-Appellant (91-1078), Cross-Appellee, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 26, 1992.

Rehearing Denied September 24, 1992.

Attorney(s) appearing for the Case

John W. Bryant (argued and briefed), Eames, Wilcox, Mastej, Bryant, Swift & Riddell, Detroit, Mich., for plaintiff-appellee, cross-appellant.

Paul H. Johnson, Jr. (argued and briefed), Judith A. Friday (briefed), Robert L. Mott, Jr., Southfield, Mich., for defendant-appellant, cross-appellee.

Before: MARTIN and RYAN, Circuit Judges; and WILHOIT, District Judge.

WILHOIT, District Judge.

O-So Detroit, Inc., d/b/a Towne Club (O-So), purchased fire insurance from Home Insurance Company (Home). In November of 1988, property owned by O-So and stored in a warehouse was destroyed by fire. Home refused coverage based on its assertions that the fire was deliberately set or arranged by O-So and that O-So committed fraud or false swearing on its loss reports to Home. In order to compel coverage, a suit was initiated by O-So in the Eastern...

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