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Cited by

Opinions in Louisiana that cite Rist v. Commercial Union Ins. Co., 376 So. 2d 113.

20 citing documents.

  • Albert v. State Farm Mutual Automobile Insurance Co. 38 So. 3d 1004 La. Ct. App. 1st Cir. 2010
  • Chisholm v. STATE FARM INSURANCE COMPANIES 966 So. 2d 1247 La. Ct. App. 1st Cir. 2007
  • Morris v. Safeway Ins. Co. of Louisiana 897 So. 2d 616 La. Ct. App. 1st Cir. 2004
    [A]ll refer to a State Supreme Court case in 1979, Rist v. Commercial Union Insurance at , which goes on to state in all these cases use this language: By raising a defense of arson, the insurer has the burden of establishing, by convincing proof, that the fire was of incendiary origin and that the plaintiff was responsible for it.
  • Evans v. State Farm General Insurance Co. 833 So. 2d 1143 La. Ct. App. 2d Cir. 2002
    Co., the court reiterated that the insurer asserting the defense of arson “need not prove its case beyond a reasonable doubt; it suffices that the evidence preponderates in favor of the defense.” See also, Childs v. Zurich American Ins.
  • Pham Vo, Inc. v. Colony Insurance Co. 692 So. 2d 1306 La. Ct. App. 1st Cir. 1997
    Co., -114 (La.1979), our supreme court set forth the criteria a defendant must prove in order to succeed in an affirmative defense of arson: By raising the affirmative defense of arson, the insurer has the burden of establishing, by convincing proof, that the fire was of incendiary origin and that plaintiff was respons
  • B. BENNETT MFG. v. SC Ins. Co. 692 So. 2d 1258 La. Ct. App. 5th Cir. 1997
  • Miley v. US Fidelity and Guar. Co. 659 So. 2d 792 La. Ct. App. 1st Cir. 1995
  • Chisholm v. State Farm Fire & Cas. Co. 618 So. 2d 1059 La. Ct. App. 1st Cir. 1993
    Co., Sumrall v. Providence Washington Ins.
  • Del-Remy Corp. v. Lafayette Ins. Co. 616 So. 2d 231 La. Ct. App. 5th Cir. 1993
    as follows: By raising the affirmative defense of arson, the insurer has the burden of establishing, by convincing proof, that the fire was of incendiary origin and that plaintiff was responsible for it.
  • Briggs v. New Hampshire Indemnity Co. 579 So. 2d 1221 La. Ct. App. 1st Cir. 1991
    Co., the Louisiana Supreme Court held that proof of motive for arson plus the incendiary origin of the fire is sufficient to sustain the defense in the absence of believable rebuttal evidence.
  • Christensen v. State Farm Mut. Auto. Ins. Co. 552 So. 2d 1377 La. Ct. App. 5th Cir. 1989
  • Clifton v. LOUISIANA FARM BUREAU CAS. INS. CO. 510 So. 2d 759 La. Ct. App. 1st Cir. 1987
    Co., an insurer raising the affirmative defense of arson must meet a two-pronged test: 1) that the fire was of incendiary origin, and 2) that the plaintiff-claimant was responsible for the fire.
  • Economy Auto Salvage, Inc. v. Allstate Ins. Co. 499 So. 2d 963 La. Ct. App. 3d Cir. 1986
  • Childs v. Zurich American Ins. Co. 476 So. 2d 403 La. Ct. App. 2d Cir. 1985
    Co., the supreme court restated the burden of proof in arson cases as follows: By raising the affirmative defense of arson, the insurer has the burden of establishing, by convincing proof, that the fire was of incendiary origin and that plaintiff was responsible for it.
  • Fontenot v. Hanover Ins. Co. 473 So. 2d 145 La. Ct. App. 3d Cir. 1985
    Co., Sumrall v. Providence Washington Ins.
  • A Better Place, Inc. v. Giani Inv. Co. 445 So. 2d 728 La. 1984
  • McClain v. General Agents Ins. Co. of America 438 So. 2d 599 La. Ct. App. 2d Cir. 1983
    Sumrall v. Providence Washington Insurance Company, 221 La.
  • Theriot v. Lanier 425 So. 2d 351 La. Ct. App. 1st Cir. 1982
    Co., : “By raising the affirmative defense of arson, the insurer has the burden of establishing, by convincing proof, that the fire was of incendiary origin and that plaintiff was responsible for it.
  • Young v. State Farm Fire & Cas. Ins. Co. 426 So. 2d 636 La. Ct. App. 1st Cir. 1982
    Co., the Supreme Court stated, page 114, the "sole issue ...
  • Bridges v. Reliance Ins. Co. 410 So. 2d 1243 La. Ct. App. 3d Cir. 1982
    *1246 our Supreme Court stated the applicable law as follows: "By raising the affirmative defense of arson, the insurer has the burden of establishing, by convincing proof, that the fire was of incendiary origin and that plaintiff was responsible for it.