Harms

MEMORANDUM ***

Plaintiff AEstate Insurance Company denied Defendant Ardythe Harms’ claim for benefits under a residential fire poHcy because the results of its investigation showed that Harms intentionaEy set the fire that destroyed the dwelhng or caused the fire to be set. AEstate also concluded that Harms made material misrepresentations in connection with AEstate’s investigation of the loss. AEstate filed this diversity action on March 25, 1998, seeking a declaration that the fire poEcy was nuE and void. Harms filed a counterclaim for breach of contract and “neghgence and intentional acts.”

The jury returned a special verdict for AEstate, finding that Harms had intentionaEy caused the fire, that she faüed to take reasonable steps to save and preserve the subject home when it was endangered from fire, and that she willfuEy made material false statements to AEstate or wülfuEy concealed material facts from AEstate in connection with the post-fire investigation. The district court entered judgment on the verdict.

In appeal No. 00-15217, Harms argues that: (1) the district court’s order granting AEstate’s motion in limine to exclude evidence of subsequent fires at Harms’s other…