Kintzel v. Wheatland Mutual Insurance Ass'n

REYNOLDSON, Justice.

This is a law action on an insurance policy, seeking recovery for windstorm damage in the amount of $9457. After trial to court on stipulated facts, judgment was entered for defendant insurance company and against both plaintiff, Olive B. Kintzel, and intervenors, Darrel D. Hicks and Marlene K. Hicks. Plaintiff did not appeal, and the trial court’s judgment is final as to her. This appeal concerns only the rights of the intervenors (hereafter called Hicks). We reverse the trial court, and remand.

In 1962, John Proesch, Jr. and his wife (hereafter called Proesch) sold the…