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BOBBY W. ALLISON AND JOSEPHINE ALLISON v. STATE FARM FIRE & CASUALTY COMPANY

MAY 03, 1989

BOBBY W. ALLISON AND JOSEPHINE ALLISON
v.
STATE FARM FIRE & CASUALTY COMPANY



BEFORE DAN LEE, P.J.; SULLIVAN AND PITTMAN, JJ.

PITTMAN, JUSTICE, FOR THE COURT:

This action arises from a complaint filed by Bobby and Josephine Allison, alleging that State Farm Fire and Casualty Company wrongfully denied coverage for certain damages arising out of a fire at the Allison home. The Circuit Court Jackson County held that, as a matter of law, the Allisons' refusal to answer certain questions relating to their financial situation precluded coverage under the policy, and granted summary judgment in favor of State Farm. We affirm.

On April 28, 1985, Bobby and Josephine Allison suffered a fire loss to their home at 1617 Garden Lane, Gautier, Mississippi. At the time of the fire the Allisons were separated, and Josephine Allison was residing at 2620 Auburn Drive, Gautier, Mississippi, in another house owned by the couple. The Allisons and their two children were all staying at the Auburn Drive home on the night of the fire. The house which burned was determined by State Farm to be a total loss. The fire which caused the loss was incendiary in nature and appeared to have been intentionally set.

 At that time, the Allisons had in force and effect with State Farm an insurance policy, which covered the house at 1617 Garden Lane. The policy provided for coverage of $53,000.00 for the dwelling, $5,300.00 for other structural damage, $26,500.00 for loss of personal property, and $10,600.00 for loss of use. State Farm paid the Allisons $3,000.00 for loss of use of the premises and also paid $43,862.64, representing the first and second mortgages on the Garden Lane house.

 The policy contained the following provisions:

 SECTION I - CONDITIONS

 2. YOUR DUTIES AFTER LOSS. In case of a loss to which this insurance may apply, you shall see that the following duties are performed:

 d. As often as we reasonably require:

 (1) Exhibit the damaged property;

 (2) Provide us with records and documents we request and permit us to make copies; and

 (3) Submit to examination under oath and subscribe same.

 SECTION I AND SECTION II - CONDITIONS

 2.

 CONCEALMENT OF FRAUD: We do not provide coverage for any insured who has intentionally concealed or misrepresented any material fact or ...


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