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FARM BUREAU TOWN & COUNTRY INS. v. SHIPMAN

No. SD 32416.

436 S.W.3d 683 (2014)

FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI, Plaintiff-Appellant, v. James and Patricia SHIPMAN, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

Application for Transfer Denied August 19, 2014.

Attorney(s) appearing for the Case

Robert L. Brady and Patrick A. Bousquet , Brown & James, P.C. , St. Louis, for Appellant.

Thomas H. Hearne , Hearne & Pivac, Springfield, for Respondents.

DANIEL E. SCOTT, J.

Farm Bureau won a $320,000 arson verdict against its insureds ("Defendants"), who moved for JNOV or alternatively for a new trial based on alleged instructional error. The trial court granted both requests, ruling

that according to Missouri law there are four elements that a fire was set or caused by an insured which are as follows: (1) the incendiary nature of the fire; (2) motive on the part of the insured to set the fire; (3) opportunity...

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