Evans v. State Farm General Insurance Co.

833 So. 2d 1143, 2002 La. App. LEXIS 3812, 2002 WL 31757980
CourtLouisiana Court of Appeal
DecidedDecember 11, 2002
DocketNo. 36,539-CA
StatusPublished
Cited by2 cases

This text of 833 So. 2d 1143 (Evans v. State Farm General Insurance Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Evans v. State Farm General Insurance Co., 833 So. 2d 1143, 2002 La. App. LEXIS 3812, 2002 WL 31757980 (La. Ct. App. 2002).

Opinion

h HARRISON, Judge Pro Tempore.

The plaintiffs, John and Diane Evans, appeal a judgment rejecting their claim for fire insurance proceeds against State Farm General Insurance Company (“State Farm”) on the basis of arson. The district court found that State Farm proved, by a preponderance of the evidence, that Mr. Evans was a principal in the arson. For the reasons expressed, we affirm.

Factual background

The structure at issue was a small camp house near Lake Bistineau in Doyline, Louisiana, which the Evanses bought in August 1994 for $19,000. Someone was building a new and larger Jim Walter camp house next door. Thinking this would better suit their needs, the Evanses bought the new one in October 1994 by paying $1,000 to the owner and assuming her monthly note of $180. Neither of these camp houses was the Evanses’ principal residence; they were living in a mobile home north of Shreveport, but after October 1994 they were paying notes and insurance on two camp houses.

Although the new camp house was not finished inside, the Evanses moved their belongings to it and attempted to rent the old one. They had two very unsatisfactory tenants, the first of whom damaged the place and the second left without paying several months’ rent. By August 1995, the old camp house was vacant again, and John Evans (hereinafter, “Evans”) testified that he began moving furniture back into it.

Earlier, in June 1995, the Evanses filed for Chapter 13 bankruptcy. They denied that they were in financial straits, but they had some $32,000 in unsecured credit card debt (trial testimony suggested that much of this waspincurred at a casino in Bossier City). They did not list the old camp house as an asset in their bankruptcy filings. However, they entered a reorganization plan whereby they paid the principal on all but two of their unsecured debts.

The Evanses’ neighbor, Danny Lowrey, had lived next door to their old camp house for over 20 years. The record depicts him in a rather unfavorable light, with an old criminal record and a spotty work history of fixing TVs and trucks. On occasion, Evans had asked him to watch his property while he was working offshore; he had a key to the old camp house. During one of their conversations, according to Lowrey, Evans offered him money to burn down the old camp house.

[1145]*1145Lowrey testified that one day while they were standing in their adjacent yards and talking, Evans remarked to him, “It sure would be nice if it [the old camp house] wasn’t there when we got back.” Lowrey thought Evans was joking, but he testified that Evans offered him $1,000 to torch the structure. Lowrey added, “At the time, $1,000 looked pretty d* * * good.”

Lowrey testified that he performed the arson with the help of a friend, Tommy Caskey, whose truck he had just repaired. Lowrey testified that he drove Caskey’s truck to the old camp house; Caskey sat in the cab while Lowrey fetched some diesel fuel and rags out of the bed of the truck, used Evans’s key to enter the front door, and started a small fire in the northwest bedroom. He then got back in the truck and drove off with Caskey. The old camp house was destroyed by the fire on December 8,1995.

|sLowrey further testified that when Evans returned from his job offshore, he gave him 10 hundred-dollar bills. The Fire Marshal verified that Lowrey used two of these to make a down payment on a car about 14 days later.

Evans resolutely denied that he ever made the offer or paid any money to Low-rey. However, as a result of the Fire Marshal’s investigation, both men were charged with arson in Webster Parish. At the time of trial in June 2000, neither man had been tried.

The third man in the transaction, Cas-key, was too ill to testify at trial. In a statement to the Fire Marshal, however, he said he was standing nearby when Evans approached Lowrey about committing arson; he overheard the proposition. He was fairly adamant that at the time, Evans was wearing cutoff jeans and that the amount offered was $2,500. Caskey also said he saw Lowrey unloading some furniture from the old camp house prior to the fire, but he did not report this to the police.

Lowrey did not recall that Caskey was present when Evans made his criminal proposition. He admitted, however, that Caskey might well have overheard it because voices carry well over the water. Lowrey never paid Caskey any of the arson proceeds. Lowrey also denied stealing any furniture from the old camp house.

For his part, Evans denied that he even knew Caskey, or that the man was standing around on any occasion while he (Evans) was talking to Lowrey. Evans also insisted (and called two character witnesses to verify) that he never wore blue jean shorts, or short pants of any kind. As noted, | ¿Evans steadfastly denied any involvement in the fire.

The State Fire Marshal found that the fire originated in the northwest bedroom and that an accelerant such as fuel oil had been used. He found no evidence of forced entry to any door or window. He also found that the furnishings in the structure were “sparse,” consisting of two old TVs, two sofas, and a mattress on a floor in the bedroom.

The Evanses filed a claim for the full value of the policy, $33,025, including content coverage of $11,683. State Farm denied it on grounds that Evans committed arson. The Evanses filed this suit. Prior to trial in June 2000, the parties stipulated that arson had occurred. The only issue was whether Evans was involved in the crime.

At trial, fact witnesses gave the testimony summarized above. The Deputy State Fire Marshal, Jim Alexander, stated that Lowrey and Caskey had no reason to burn the place unless they were getting paid to do so, whereas Evans had a financial gain in collecting insurance on a camp house that he no longer needed. Evans contends [1146]*1146that both Lowrey and Caskey were disreputable persons and unworthy of belief; nevertheless, he utilized the portion of Caskey’s statement about seeing Lowrey steal furniture from the old camp house. Evans’s theory was that Lowrey started the fire to conceal his sloppy burglary.

The district court rendered written reasons for judgment in January 2002. Commenting that the case was “extremely close,” the court found that State Farm proved Evans was a principal in the arson. The court cited the following factors as determinative: (1) Lowrey’s sworn statement that he | ¡¡was paid for and burned the structure at Evans’s request; (2) the Ev-anses’ financial condition immediately before the fire, establishing a motive; (3) the numerous inconsistencies in their various valuations of the property; and (4) the pending bankruptcy proceedings.

The Evanses have appealed, urging by one assignment of error that the district court was plainly wrong to find that Evans was involved as a principal in the arson, and in finding that his bankruptcy filing and overall financial condition established a motive for the crime.

Applicable law

The State Farm Homeowners Policy includes the following endorsement with respect to intentional acts: “If you cause or procure a loss to property covered under this policy for the purpose of obtaining insurance benefits then this policy is void as to you.”

The burden of proof for an insurer asserting the defense of arson is stated in Sumrall v. Providence Washington Ins. Co., 221 La. 633, 60 So.2d 68 (1952):

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Related

Chisholm v. STATE FARM INSURANCE COMPANIES
966 So. 2d 1247 (Louisiana Court of Appeal, 2007)

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Bluebook (online)
833 So. 2d 1143, 2002 La. App. LEXIS 3812, 2002 WL 31757980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-state-farm-general-insurance-co-lactapp-2002.