Munn

ORDER DENYING PLAINTIFF’S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT

Plaintiff’s motion for Judgment Notwithstanding the Verdict pursuant to Federal Rule of Civil Procedure 50(b) came on for hearing on Wednesday November 26, 1980. After careful consideration of the evidence presented at the trial of this action, the briefs and argument of counsel, and other evidence in the record, and following a hearing, the court issued an oral order denying the motion. The following constitutes a brief summary of the court’s reasons for so ruling and its written order thereon.

This case arises out of a policy of fire insurance issued by the defendant insurance company to the plaintiff on July 2, 1977. The policy covered a duplex owned by the plaintiff. The structure burned on September 6, 1977 but the parties were unable to agree on the amount or form of the payment due on the policy of insurance.

In the complaint filed in this action, plaintiff alleged that defendant breached its duty of good faith and fair dealing. The defendant answered and raised the affirmative defense that the building was destroyed as the result of Mr. Munn’s arson. The case was bifurcated and tried before a jury…