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First State Bank of Denton v. Maryland Casualty Co.
Citation:
918 F.2d 38Facts
The plaintiff, First State Bank of Denton, acting as executor of the will of J.T. Mills, appeals from a jury verdict finding that a fire at the Millses’ home was set intentionally. The Millses’ residence, which was insured by the Maryland Casualty Company, was completely destroyed by fire. When the insurance company refused to make any payment on the policy after inspecting the site, the Millses brought suit to recover their policy. At trial, the insurance company introduced evidence showing that the Millses’ house was unoccupied for several weeks prior to the fire. The company also introduced the testimony of a witness who saw a pickup truck leaving the road which accesses the residence. Denton objected, believing the testimony to be unauthenticated and hearsay.
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