Burchett v. Kansas Mutual Insurance

Johnson, J.;

Pursuant to leave granted by this court, Steve and Diane Burchett filed an interlocutory appeal of the denial of their motion for summary judgment. We affirm the district court’s denial of summary judgment and remand for further proceedings.

The Burchetts’ residence was totally destroyed by fire. Kansas Mutual Insurance Compány (Kansas Mutual) insured the structure. Two days before the fire, the Burchetts had raised the residence limit of Lability from $25,000 to $70,000 and had converted their “actual cash value” poLcy to a “replacement cost” poLcy. For the purpose of this appeal,…