Fedele v. National Liberty Insurance Co‪.‬

On November 1, 1943, the National Liberty Insurance Company of America issued to Salvatore Fedele a fire and theft insurance policy covering his 1942 Mercury sedan, for the period of one year, in the sum of $920. On January 5, 1944, the automobile was taken from the place where it had been parked and was destroyed by fire. After due proof of loss had been filed with the Insurance Company, it declined to pay the loss and Fedele brought suit to recover the amount of the policy. The Insurance Company defended on the ground that Fedele, the insured, had unlawfully and fraudulently procured and instigated the taking and burning of the automobile. There was a trial before a jury which resulted in a verdict for the plaintiff for the full amount sued for. The trial court, being satisfied that the verdict was contrary to the law and the evidence, set it aside and entered a final judgment for the defendant Insurance Company. To review that judgment the present writ of error has been allowed.