Sawyer Fruit & Vegetable Co-Operative Corp. v. Lumbermens Mutual Casualty Co.

Plaintiff Sawyer Fruit and Vegetable Co-operative Corporation (Sawyer) filed a declaratory judgment action seeking a determination that a policy issued by defendant Lumbermens Mutual Casualty Company (Lumbermens) provided coverage for damage to plaintiff’s refrigeration system. Defendant’s motion for summary judgment was granted and plaintiff appeals. On appeal, plaintiff contends that certain policy exclusions do not bar recovery of its claim.

We affirm.

Plaintiff’s complaint alleged the following facts. During the night of April 5 and early morning of April 6, 1979, a plywood covering to a…