Miller v. Poole

OPINION BY

STRASSBURGER, J.:

Scott and Glenda Miller (the Millers) appeal from the order of October 14, 2011, 1 which denied their motion for summary judgment and granted summary judgment in favor of the Wall Rose Mutual Insurance Company (Wall Rose). We reverse and remand for further proceedings consistent with this opinion.

Helen Poole owned a home at 301 Cottage Avenue in Fayette County, Pennsylvania, and was the named insured on a homeowner’s insurance policy issued by Wall Rose. Helen’s son, Abe Poole, and 18-year-old grandson, Daniel Poole, spent the night of April 1, 2005, at Helen’s…