Civil Procedure Keyed to Friedenthal
Aetna Casualty & Surety Co. v. Yeatts
The Plaintiff denied liability to the Defendant, Yeatts (Defendant), on coverage of a policy of indemnity insurance. The Plaintiff stated that the Defendant engaged in criminal activity at the time he incurred the liability for the recovery that was had against him. Such liability was expressly excluded from the policy coverage. The question as to the Defendant’s criminal activity was submitted to the jury. Though there was ample evidence to find for the Plaintiff, the Defendant was examined as a witness and the jury found for the Defendant. The Plaintiff moved for a judgment notwithstanding the verdict and motioned for a new trial, stating that the verdict was contrary to the evidence in the case. The Plaintiff was denied both and it appealed.
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