Smith v. Lumbermen's Mutual Insurance

Plaintiff filed a complaint and moved for a declaratory judgment that defendant Lumbermen’s Mutual Insurance Company (hereinafter Lumbermen’s) was liable to him under an insurance policy for damages to a dwelling caused by the freezing of boiler and water pipes. Lumbermen’s denied liability and also moved for declaratory judgment. The trial court granted plaintiffs *81motion for declaratory judgment. Lumbermen’s now appeals as of right.

This case comes to this Court on stipulated facts. Defendant Lynas, the land contract vendor of the subject dwelling, agreed to tender possession to plaintiff on…