ALLSTATE INS. CO. v. McGORY

No. 94-CA-00494-SCT.

697 So.2d 1171 (1997)

ALLSTATE INSURANCE COMPANY v. Dorothy McGORY.

Supreme Court of Mississippi.

July 24, 1997.


Attorney(s) appearing for the Case

Gary Silberman, Joseph L. McCoy, McCoy Wilkins Stephens & Tipton, Jackson, for appellant.

Jim Waide, Waide & Chandler, Tupelo, John P. Fox, Houston, Elizabeth F. Crosthwait, Houston, for appellee.

Before PRATHER, P.J., and PITTMAN and SMITH, JJ.


PRATHER, Presiding Justice, for the Court:

I. INTRODUCTION

¶ 1. This key issue in this wilful incendiarism case is whether the insurance company presented clear and convincing evidence of the insured's opportunity to set the fire or to procure its setting. This Court finds that no such evidence was presented. For this reason, the judgment of the trial court directing a verdict for the insured is affirmed. The issues raised by the insured on cross-appeal...

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