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NATIONAL UNION v. SCHWING AMERICA

No. CX-89-325.

446 N.W.2d 410 (1989)

NATIONAL UNION FIRE INSURANCE, Respondent, v. SCHWING AMERICA, INC., Appellant.

Court of Appeals of Minnesota.

October 10, 1989.

Attorney(s) appearing for the Case

Jeffrey F. Shaw, Colleen V. Short, Briggs and Morgan, P.A., St. Paul, for appellant.

William G. Cottrell, David W. Evans, John A. Halpern & Associates, Minneapolis, for respondent.

Heard, considered and decided by FOLEY, P.J., and NORTON and LOMMEN, JJ.

OPINION

FOLEY, Judge.

This breach of contract action for nonpayment of an insurance premium was tried to a jury. The trial court denied appellant Schwing America, Inc.'s motion for a directed verdict based on respondent National Union Fire Insurance's failure to prove a condition precedent had been satisfied. By special verdict, the jury found that Schwing and National Union had entered into a contract and that Schwing owed National Union $60,074. Schwing...

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