Pipan v. &198tna Ins. Co.

Birdzell, Ch. J.

(On rehearing). This is an appeal from a judgment in favor of the defendant dismissing an action upon an insurance policy. The case was tried to the court and a jury. At the conclusion of the trial it was thought that the case presented both equitable issues triable to the court without a jury and issues of fact triable to the jury. The court deemed the equitable issues decisive in favor of the defendant and ordered a judgment of dismissal. The pleadings will be referred to for an understanding of the nature of the case. Omitting formal allegations, the complaint alleges that…