Birch v. Fire Insurance Exchange

OPINION

McHUGH, Judge:

¶ 1 Randy Birch appeals the trial court’s grant of summary judgment in favor of Fire Insurance Exchange (Fire), Birch’s provider of homeowner’s insurance. The trial court held that Birch was only entitled to recover his deductible from Fire in proportion to Fire’s subrogation recovery from third-party insurers. We affirm.

BACKGROUND

¶ 2 Neighborhood children were playing with matches and started a fire southwest of Birch’s property. The fire spread and damaged Birch’s fence and landscaping. A plane dropped fire retardant to stop the blaze, but the fire retardant contained a…