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PHILLIPS v. STATE FARM FIRE & CAS. CO.

225 A.D.2d 457 (1996)

640 N.Y.S.2d 24

Stephen Phillips, Respondent, v. State Farm Fire & Casualty Company, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 21, 1996

The IAS Court erred in dismissing the affirmative defenses relating to arson and directing a verdict in favor of plaintiff on liability. Arson in civil cases may be established by circumstantial evidence (Weed v American Home Assur. Co., 91 A.D.2d 750, 751). Here, defendant offered ample proof to show that the subject premises were destroyed under suspicious circumstances and that plaintiff...

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