Missouri Middleton v. Rush

ROBERTSON, Presiding Judge.

Missouri Middleton appeals from a summary judgment entered by the Lowndes County Circuit Court awarding Othellá Rush $30,000 in interpleaded fire-insurance proceeds payable as a result of the burning of a residence on property owned by Middleton, but occupied by Rush. We reverse and remand.

Middleton sued Alfa Insurance Corporation (“Alfa”) in March 1998, claiming that Alfa had issued a policy of fire insurance to Rush in August 1996 insuring property owned by Middleton, that the property had suffered a total fire loss in May 1997, and that Alfa had a duty to pay her…