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WESTFIELD INS. CO. v. HARRIS

No. 97-1835.

134 F.3d 608 (1998)

WESTFIELD INSURANCE COMPANY, Plaintiff-Appellant, v. Clarence R. HARRIS, Defendant-Appellee. West Virginia Fire Marshal, Movant.

United States Court of Appeals, Fourth Circuit.

Decided January 20, 1998.

Attorney(s) appearing for the Case

ARGUED: Brent Karleton Kesner, Kesner, Kesner & Bramble, Charleston, WV, for Appellant. William Jack Stevens, Sr., Stevens & Stevens, Hamlin, WV, for Appellee. ON BRIEF: Renatha S. Garner, Kesner, Kesner & Bramble, Charleston, WV, for Appellant.

Before RUSSELL, NIEMEYER, and WILLIAMS, Circuit Judges.

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge DONALD S. RUSSELL and Judge WILLIAMS joined.

OPINION

NIEMEYER, Circuit Judge:

On the evening of January 10, 1996, the house of Clarence Harris in West Hamlin, West Virginia, was destroyed by fire. Harris submitted a claim for payment of the loss to Westfield Insurance Company, which had issued an insurance policy on the house. Believing that the fire was incendiary...

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