EBY v. FOREMOST INSURANCE CO.

No. 10312.

374 P.2d 857 (1962)

Jim EBY, Plaintiff and Respondent, v. FOREMOST INSURANCE COMPANY, a Michigan corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided August 23, 1962.

Rehearing denied October 16, 1962.


Attorney(s) appearing for the Case

Richard J. Carstensen, Billings, for appellant.

Wiggenhorn, Hutton, Schiltz & Sheehy, Billings, John C. Sheehy, Billings, argued orally, for respondent.


DOYLE, Justice.

This is an appeal from a judgment of the district court of the thirteenth judicial district of the State of Montana, in and for the County of Yellowstone.

In May 1957, respondent purchased a second hand 1954 Duo Model mobile trailer for $3,800, at which time he insured the trailer against loss by hail with the appellant.

On June 7, 1958, a hail storm of unusual severity occurred in the City of Billings and caused substantial damage...

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