United States Ninth Circuit

In a suit over denial of fire insurance coverage, where the insurance company alleges as an affirmative defense that insured was responsible for the fire that destroyed his home, a supplemental jury instruction which requires unanimous agreement as to affirmative defense of arson is proper, however the court's attempt to clarify this instruction with a second supplemental instruction actually confused the jury, and therefore a remand is necessary.

Appellate Information

• Argued 11/07/2001
• Decided 01/29/2002
• Published 01/29/2002

Judges

• Before HUG, T.G. NELSON, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Lisa E. Lear,Bullivant Houser Bailey PC, Portland, OR, for the defendant-appellant., Glen D. Mark, Portland, OR, for the plaintiff-appellee.