American Mutual Fire Insurance Company v. Mildred Durrence

Mildred Durrence Appeals the district court’s summary judgment in favor of American Mutual Fire Insurance Company in its suit for a declaratory judgment on the interpretation of an insurance policy. Durrence raises two issues: (1) whether the house she insured with American Mutual was excluded from coverage under the “vacancy” clause of her policy and, alternatively, (2) whether American Mutual was estopped from relying on that clause. We affirm.

The facts about which there is no significant dispute are as follows. Durrence’s house was destroyed by a fire, evidently set by an unidentified…