Continental Insurance Co. says family members wrote in statements and testified under oath that Mary Keaton was a house guest when the Bountiful residence burned in 1997.

The family allegedly claimed Keaton had few personal items with her, and the property damaged in the fire belonged to Rebecca Kingston, daughter of policyholder Joseph O. Kingston.

But Keaton actually was a permanent resident who had become the third wife of Jeremy Kingston - Joseph's son - "by way of an illegal and secret polygamous marriage," the lawsuit says. It also alleges Rebecca Kingston had married and moved out of the house months or even years before the blaze.

Keaton was not covered under the policy, prompting the deception, according to the lawsuit, which was filed Monday in 3rd District Court in Salt Lake City.

It names Keaton, Rebecca Kingston and Joseph's wife, Luana Kingston, as defendants and seeks unspecified damages for some money paid on the claim and its expenses in investigating and litigating the case.

The suit is not the only legal action over the 1997 fire.

Continental Insurance filed suit in 1998 seeking to rescind the policy, arguing Joseph Kingston made significant misrepresentations in his application. Kingston and D.U. Company, which had sold him the home, countersued for breach of contract. These actions are pending.

At the time of the fire, the Bountiful house, at 1201 N. 200 West, was divided into two residences with separate entrances and separate plumbing. The blaze damaged the north side of the home, where Keaton and at least two of her children lived, according to the insurance company.

The company says the damaged or destroyed contents, including furniture and appliances, were owned by Keaton. The defendants are accused of conspiring to defraud Continental by testifying that Rebecca Kingston was the primary resident of the north side of the home and Keaton was there temporarily.

The lawsuit also alleges the value of the contents was overstated.

Keaton and the Kingstons could not be reached for comment Thursday.

pmanson@sltrib.com