Stout v. Washington Fire and Marine Insurance Company

CALLISTER, Justice.

Plaintiff brought this action to recover, under a fire insurance policy, damages for personal property destroyed in a fire. Defendant insurance company appeals from a summary judgment in favor of the plaintiff.

The facts are not in dispute. The plaintiff had secured a fire policy from the defendant upon her home. The policy was in effect at the time of the loss. At the rear of the home and on the same lot was a separate building which was used by the plaintiff as a tire-recapping shop. It is this building that burned.

At the time of the fire plaintiff had stored in the shop…