Litigation

Insurance Judgment Reversed Because There was no Substantial Evidence to Support the Jury Verdict

By H. William Allen et al.

The Arkansas Court of Appeals reversed judgment in Farm Bureau Mut. Ins. Co. of Am. v. Nowlin, No. 06-1053 (2/20/08).

Nowlin took ownership of his deceased mother's home and had it insured by Farm Bureau. The home was destroyed by fire in May 2003. At trial, he and his uncle both confirmed that no one had lived in the house from September 2002 until May 2003. The insurance policy had an exception if the house was not occupied for more than 60 consecutive days. Despite Nowlin's testimony, the jury found the exception did not apply.

The court of appeals held there was no evidence to support the jury's finding. Even considering his testimony in a light most favorable to Nowlin, the house had been unoccupied for more than 60 consecutive days.

Full post as published by Arkansas Business Litigation Blog on February 21, 2008 (boomark / email).