Waseca Mutual Insurance Co. v. Swanson

OPINION

RANDALL, Judge.

Respondents Hermels, as sellers on a contract for deed, were parties defendant to an action brought by appellant insurance company. The insurance company wanted to avoid payment on a fire loss to defendants, the Swansons, who were the contract for deed buyers. Appellant wanted to avoid payment on the grounds of fraud and material misrepresentation. After a jury verdict in appellant’s favor, the trial court awarded judgment notwithstanding the verdict in favor of the Swansons in the full amount of the applicable insurance binder limits. That judgment was ultimately…