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STEPHENS v. NEW HAMPSHIRE INSURANCE COMPANY

No. 10168.

447 P.2d 14 (1968)

92 Idaho 537

L.E. STEPHENS, Plaintiff-Respondent, v. NEW HAMPSHIRE INSURANCE COMPANY, a corporation, Defendant-Appellant.

Supreme Court of Idaho.

November 1, 1968.

Attorney(s) appearing for the Case

Albaugh, Bloem, Smith & Pike, Idaho Falls, for appellant.

Holden, Holden & Kidwell, Idaho Falls, for respondent.

SMITH, Chief Justice.

Respondent (plaintiff) brought this action for recovery of damages to his potato cellar, the damages having been caused by an alleged windstorm; such damages were covered by a policy of insurance issued by appellant (defendant). The policy afforded coverage for "loss by windstorm." Appellant resisted recovery on the ground that the loss was the proximate result of structural deficiency in the potato cellar, not caused by the wind on the day in...

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