Bruff v. Northwestern Mutual Fire Ass'n

Citations

• 59 Wash. 125
• 109 P. 280
• 1910 Wash. LEXIS 1145

Syllabus

<p>Insurance — Loss by Pibe — Defenses—Incendiarism—Evidence— Sufficiency. In a civil action to recover insurance money the defense of incendiarism only requires a fair preponderance of the evidence, and there is sufficient evidence to require the submission of the same to the jury, where it appears that the plaintiff had the building and contents insured in his own interest, that he was alone at the house early in the evening and left, spending the night with a friend, that a “flash” fire occurred about 4: 00 a. m. and the firemen found the house intact, securely closed up, with coal oil distributed about the house in vessels, on the furniture and clothes, and the plaintiff claimed to have recently purchased and lost in the fire an unusual amount of valuable clothing and was unable to give the names of the merchants from whom it was purchased.</p>