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Gilbert v. Southern Trust Ins. Co.

Issues of fact remained in plaintiff's suit to recover homeowner's and automobile insurance benefits following a fire.

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Retha Gilbert appeals from the trial court’s grant of summary judgment to Southern Trust Insurance Company on her suit to recover benefits payable under her homeowner’s and automobile insurance policies. For the following reasons, we conclude the trial court erred in granting summary judgment to Southern and reverse.

This case arose when a fire partially destroyed Retha and Henry1 Gilbert’s house on February 12, 1995. Also damaged in the fire were a car and a truck insured by Southern. On March 9, 1995, the Gilberts submitted a sworn Proof of Loss form to Southern. Southern sent adjusters to the house who examined the house and the vehicles, took pictures, and removed a substantial portion of the furniture to be refinished. On May 16, 1995, the Gilberts were examined under oath by counsel for Southern, as required by the policy. After this examination, the Gilberts sent Southern a demand letter for payment under the policies but, according to the Gilberts’ affidavit, Southern did not respond.

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