Timber Limits Inc. owned an extensive tract of forested land from which it selectively cut particular species of trees on an ongoing basis for custom wood buyers. The company employed a full-time forester to manage and supervise cutting on the tract, and it had constructed two cabins on the property to be used by the forester from time to time during his travels throughout the property. The cabins were insured as “seasonal dwellings” under the company’s fireinsurance policy covering the buildings, and the endorsement on the policy provided that the buildings would not be covered for fire if either building was abandoned or remained vacant for more than 30 days prior to a loss. One of the cabins eventually became uninhabitable due to a leaking roof, and the company sent in a work crew to remove the furnishings, make the necessary repairs, and generally refurbish the cabin. Before the work could be completed, the work crew was directed elsewhere, and the cabin remained empty for several months. Before work commenced on the cabin, a member of the work crew was dispatched to examine the cabin and determine the materials needed to refurbish the interior. The worker examined the cabin and prepared a list of materials for completion of the repair, then left the premises. The next day the cabin was destroyed by a fire of undetermined origin, and the company applied for compensation for the loss under its policy. The fire-insurance company refused to pay for the loss, and Timber Limits Inc. instituted legal proceedings against the insurer. Discuss the basis of the arguments of the parties and render a decision.
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