Citations

Full opinion text

CARROLL, DONALD K., Judge.

The plaintiff in an action on a fire insurance policy has appealed from a judgment non obstante veredicto entered by the Circuit Court for Escambia County in favor of the defendant insurer.

The basic question presented for our determination in this appeal is whether there was sufficient substantial evidence adduced at the trial from which the jury could have lawfully concluded that the plaintiff had not materially increased the fire hazard between the date on which the policy was issued and the time of the fire which burned the plaintiff’s house that was covered by the fire insurance policy issued by the defendant-appellee.

This question arose out of the following facts established by the evidence before the jury:

On June 14, 1963, the defendant issued a policy insuring against loss by fire to the amount of $10,000 the plaintiff’s one-story family frame and concrete block building occupied as a dwelling and a day nursery, situated in West Pensacola in the said county. This policy was in full force and effect on July 5, 1964, when the said pr