Estate of Higgins Ex Rel. Higgins v. Washington Mutual Fire Insurance

¶ 1 Washington Mutual Fire Insurance Company (Insurer), appeals from the January 8, 2003 order denying its motion for summary judgment and granting the motion for summary judgment filed by the estate of Barbara Higgins. For the following reasons, we reverse and remand with instructions to the trial court to enter summary judgment in favor of Insurer.

¶ 2 A factual and procedural history follows. On September 20, 1996, Barbara Higgins (Decedent) purchased a fire insurance policy from Insurer (hereinafter, at times, the “prior policy”). This policy provided $40,000 in coverage for her dwelling,…