Citations
- 235 F.2d 178
Full opinion text
RIVES, Circuit Judge.
This appeal is from a judgment for $5,000, the amount of a policy of fire insurance covering a main dwelling and garage apartment located in Houston, Texas. Appellant insurance company claimed as its sole defense that the fire was deliberately set by or at the instigation of the insured A. L. Allen. The fire insurance policy was, of course, not intended to cover such a fraudulent loss, and it expressly provided that it would be vitiated by fraud on the part of the insured. Nor may an innocent wife recover when insured community property has been wilfully burned by her husband.
case was tried to the court without a A- L- Allen took the stand in his own and volunteered the fact that ke kad agreed *ake a ke detector test, Appellant thereafter offered the testimony of Alcus Greer, an arson investigator for the City of Houston, who administered such a test to A. L. Allen and who interpreted the results as indicating that he did not truthfully answer the following questions:
1. “Do you know who set fire to your house?” to which he answered “No”.
„ , , .. 2. Did you set fire to your , , ,.rT „ house? to which he answered No .
3. “Did you ever set fire to a building ?” to which he answered “No”.
4. “Were you in your house when the fire started?” to which he answered “No”.
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