Schwank v. Lamountain

DECISION

Before this Court are the cross-motions for partial summary judgment of Defendants and Third-Party Plaintiffs Joseph LaMountain, Earl LaMountain, and Elizabeth LaMountain ("the LaMountains") and Third-Party Defendants Tim Hortons (New England), Inc. ("Tim Hortons) and Ace American Insurance Company ("Ace"). The LaMountains and Tim Hortons dispute whether Tim Hortons's insurance policy with Ace covers a slip and fall incident which occurred in a parking lot owned by the LaMountains and located immediately outside a Tim Hortons store. For the reasons set forth below, this Court now…