(DOWNLOAD) "St. Paul Mercury Insurance Co. V. Salovich" by Division Two Court of Appeals of Washington " eBook PDF Kindle ePub Free
eBook details
- Title: St. Paul Mercury Insurance Co. V. Salovich
- Author : Division Two Court of Appeals of Washington
- Release Date : January 27, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Defendants George Salovich and his wife, Doris, d/b/a Cowlitz Electric and Plumbing Supply, appeal the trial court's judgment in favor of plaintiff, St. Paul Mercury Insurance Company (St. Paul), which denied coverage under a fire insurance policy based upon the jury's determination that the defendants intentionally misrepresented or concealed material facts in their proof of loss claim. Defendants contend the court erred by instructing that St. Paul's burden of proving misrepresentation or concealment of material facts was by a preponderance of the evidence rather than by clear, cogent, and convincing evidence. They also contend that the court erred by failing to define and instruct as to the substantive law relating to "misrepresentation" or "concealment" of "material facts" upon which denial of coverage can be based; and there was insufficient evidence to support the jury's determination that they breached the insurance contract in this regard. We affirm.