by Louis M. Natali (Author), Anthony J. Bocchino (Author)
The plaintiff, Nita Fire and Casualty Company, brought this lawsuit to recover an amount paid to the defendant, Anthony J. Rubino, on a fire insurance policy on Rubino's business. Rubino was doing business as Rubino and Son, Dry Cleaners. A fire at the defendant's plant resulted in a total loss. The fire marshal determined that the fire was caused by spontaneous combustion. Relying on the report of the fire marshal, the plaintiff paid the defendant's claim in the amount of $300,000.00. After paying the claim, the plaintiff learned from a former employee of the defendant that the fire possibly was caused by arson. After it conducted an independent investigation, the plaintiff decided that the fire was set deliberately. Rubino has denied the allegation of arson.