Camp v. Elmore

David Newbern, Judge.

The question here is whether the trial court should have granted a summary judgment because he found the appellant’s property which was destroyed by fire did not come within the description “usual or incidental to the occupancy of the [insured] premises as a dwelling.” We hold no summary judgment should have been granted, as this language contained in the homeowner’s insurance policy in question was ambiguous, and thus a material question of fact remained outstanding.

The appellant had left some of his personal property in a barn adjacent to the dwelling of Gerald Elmore…