Johnson v. Mt. Morris Mutual Insurance

¶ 1. Mt. Morris Mutual Insurance Company appeals from an order for partial summary judgment in favor of Bernard Johnson and Kathryn Johnson, on the issue of whether the Johnsons were entitled under Wis. Stat. § 632.05(2) (2009-10),1 to the policy limits of an insurance policy in effect when a house they owned was destroyed by an explosion and fire. Mt. Morris contends that because the Johnsons were not living in the house at the time it was destroyed, the house was neither "occupied," nor a "dwelling," as required by § 632.05(2). We agree with the circuit court that, although the house was…