Thiel Industries, Inc. v. Western Fire Insurance Co.

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 Rule 52(a), N.D.R.Civ.P., but argues that, as a matter of law, the trial court misconstrued the terms of the policy in concluding that the…