Craig C. Collins, et al. v. USAA Property and Casualty Insurance Company

Insurance - Craig and Joanne Collins were insured under a USAA property and casualty insurance policy. On May 28, 1995, Collins discovered that the building had been broken into and personal property and dwelling fixtures had been removed. A few days later, on June 6, 1995, the building was completely destroyed by fire. Collins subbmitted sworn statements in proof of loss dated June 26, 1996 -- one for losses from the break-in and one for losses from the fire. USAA denied the claims, and Collins brought a breach of contract action.

The jury found that the personal property losses from the fire amount to $3,000 rather than the more than $30,000 listed in Collins' sworn statements. The jury further found that Collins misrepresented the personal property losses in both the May 1995 theft and June 1995 fire, with the intent and purpose of deceiving USAA of materail facts and circumstances. The district court entered judgment for plaintiffs on the building fire loss claim only in the amount of $69,600.

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The date shown above is the date the Court of Appeals of Minnesota reversed the judgment of the district court holding that policy provision that voided entire policy if, after a loss, insured fraudulently concealed or misrepresented materials facts was valid and barred coverage for any of the loss. See: 580 M.N.2d 55 (Minn.App. 1998).