Franke, Schultz & Mullen, PC | Kansas Court of Appeals Reverses Trial Judge Judgment Granting Summary Judgment Against Homeowners’ Insurer
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Kansas Court of Appeals Reverses Trial Judge Judgment Granting Summary Judgment Against Homeowners’ Insurer

08/18/2013

A homeowner moved out of her home in 2006, but continued to use her home as a storage unit until March 2010 when vandals started a fire, destroying the residence. While adjusting the loss, the homeowners’ carrier learned that the property had been vacant for years and declined coverage based upon the occupancy endorsement. The trial court judge granted summary judgment in favor of the plaintiffs despite that it was undisputed that the homeowner had not lived in the home for three and a half years. In an unpublished decision, the Kansas Court of Appeals reversed the trial court’s judgment in favor of the homeowner, enforcing the policy’s occupancy endorsement. The Court of Appeals also reversed the award of attorneys’ fees, costs, and prejudgment interest. Suzanne Bruss defended the case and prepared the brief on behalf of the defendant insurer.