Rooks v. Lincoln County Farmers Fire & Lightning Mutual Insurance Co.

KAROHL, Justice.

Appellants, Charles and Marie Rooks, brought a breach of contract action on an insurance policy issued by respondent, Lincoln County Farmers Fire & Lightning Mutual Insurance Company (Lincoln County), a farmers’ mutual insurance company. After the Rooks’ home burned down, Lincoln County referred to a suspension clause in its policy and denied coverage because the home was unoccupied for over sixty consecutive days before the fire. Lincoln County paid the mortgage holder the balance due on the Rooks’ note and filed a counterclaim for $30,489.38, the difference between the…