Asbury v. Indiana Union Mutual Insurance Co.

NEAL, Judge.

STATEMENT OF THE CASE

Plaintiffs-appellants Dean Asbury and Paula Asbury (Asburys) appeal an order of the Montgomery Circuit Court granting defendant-appellee Indiana Union Mutual Insurance Company’s (IUMI) motion for summary judgment in an insurance contract action for recovery for breach of contract where the trial court determined that the loss was not covered under a business property exclusion provision in the Asburys’ homeowners policy.

We reverse.

STATEMENT OF THE FACTS

The material in favor of the non-moving parties, the Asburys, discloses that on May 14, 1980, they applied…