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STATE FARM FIRE & CAS. CO. v. MASON

No. 83CA1363.

697 P.2d 793 (1984)

STATE FARM FIRE & CASUALTY COMPANY, Plaintiff-Appellant, v. Mitchell B. MASON, individually and Mitch Mason, d/b/a On-Line Computer Center, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 20, 1984.

Certiorari Denied March 18, 1985.

Attorney(s) appearing for the Case

The Law Firm of Justin R. Melat, Edward J. LaBarre, Colorado Springs, for plaintiff-appellant.

Tegtmeier & Sears, P.C., Benjamin S. Waxman, Richard L. Tegtmeier, Colorado Springs, for defendants-appellees.

METZGER, Judge.

Plaintiff, State Farm Fire & Casualty Company (State Farm), appeals the summary judgment entered in favor of defendant, Mitchell B. Mason, individually and d/b/a On-Line Computer Center (Mason). We reverse and remand for further proceedings.

On July 5, 1982, Mason notified State Farm that a fire had occurred at his business. Subsequent investigation revealed that the fire was an act of arson. State Farm refused to pay fire insurance benefits...

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