Prior Criminal Convictions of Insured Goes to Credibility and Should be Admitted

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American Modern Home Insurance Company, alleging insurance fraud, sued Aaron S. and Aimee Thomas after a fire destroyed their home. The jury found for the Thomases. [American Mod. Home Ins. Co. v. Thomas, 413 F. Supp. 3d 921, 925 (E.D. Mo. 2019]. American Modern appealed. In American Modern Home Insurance Company v.  Aaron Thomas; Aimee Thomas, LLC Thiemann Real Estate, No. 19-3054, United States Court of Appeals For the Eighth Circuit (April 16, 2021) dealt with a judgment based on a claim of erroneous instructions.

ZALMA OPINION

When veracity is the key to a case evidence of multiple felony convictions should always be available to allow the jury to test the veracity of a witness. In this case, by keeping the insurer from producing evidence that would put in question the veracity of the insured’s claims, it made it difficult, if not impossible, for the insurer to prove its defense of insurance fraud and breach of a material condition of the policy.