Alcock v. Farmers Mutual Fire Insurance Co. of DeKalb County

CLARK, Judge.

This action was commenced when defendant, a county mutual fire insurance company, denied plaintiff’s claim for loss by fire of a dwelling house insured by defendant and owned by plaintiff. All relevant facts, essentially undisputed, were developed by the pleadings, affidavits and documents. Cross motions for summary judgment were filed and from the judgment entered for defendant, plaintiff appeals.

The controlling issue in this case is the construction and application of exclusionary language of the policy which provides:

“. . . this company shall not be liable for loss occurring *…