Garland insurance attorneys need to understand when coverage under an insurance policy is going to be provided and when it is not, due to the intent of the policyholder. A 1998, Amarillo Court of Appeals case is a good case to examine in helping to determine this issue. The style of the case is, Spruiell v. Lincoln Insurance Company. Here is some of the relevant information from that opinion.
McKean was a business person who leased a premises from Smith in which McKean operated the Tumbleweed Cafe. Spruiell’s Automotive shared an adjoining firewall with the cafe. Fire destroyed the cafe, heavily damaged Spruiell’s Automotive, severely burned McKean and killed McKean’s brother-in-law. McKean pleaded guilty to first degree arson and was sentenced to sixteen years in prison.
Spruiell subsequently filed a lawsuit against McKean and Smith alleging negligence in causing the fire and res ipsa loquitur, and seeking damages for the loss of personal property and equipment as a result of the fire.