Marsh v. American Family Mutual Insurance

Defendant insurer appeals from a judgment for plaintiffs, defendant’s insureds, in this case involving the provisions of a homeowners insurance policy. On appeal, defendant asserts that the policy does not provide any coverage for plaintiffs’ claim. Plaintiffs cross-appeal, assigning error to the trial court’s limitation of their recovery to $5,000. We reverse on appeal and dismiss plaintiffs’ cross-appeal as moot.

Plaintiffs own a house that is insured through a policy issued by defendant. The house was constructed in 1977, and plaintiffs purchased it in 2001. Sometime in 2003 or 2004,…