THIEL INDUSTRIES v. WESTERN FIRE INS. CO.

Civ. No. 9666.

289 N.W.2d 786 (1980)

THIEL INDUSTRIES, INC., a North Dakota Corporation, Plaintiff and Appellee, v. The WESTERN FIRE INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied March 21, 1980.


Attorney(s) appearing for the Case

Kelsch, Kelsch & Tudor, Mandan, for plaintiff and appellee; argued by William C. Kelsch.

Pearce, Anderson, Thames & Durick, Bismarck, for defendant and appellant; argued by B. Timothy Durick, Bismarck.


PEDERSON, Justice.

This is an appeal from a judgment entered after a trial to the court without a jury. The judgment requires Western Fire Insurance Company to pay Thiel Industries, Inc., for the costs to replace a damaged underground electrical distribution system under the terms of an All Risk Construction and Installation Floater policy. The judgment is reversed.

Western's appeal challenges none of the findings of fact which were prepared as required by...

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