Ellerbusch v. Myers

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

In this case of first impression, we are asked to determine the rights of remainder-men to fire insurance proceeds collected by the life tenant when the improvements are destroyed. Brenda Ellerbusch, as the Personal Representative of the Estate of Frederick William Ellerbusch, IV, (“Brenda”) filed suit against Anna Ellerbusch (“Anna”) to recover a portion of the insurance proceeds paid to Anna after a total loss. 1 The trial court granted partial summary judgment against Brenda and in favor of Anna. Brenda now appeals.

We affirm.

ISSUE

Brenda presents…