Phoenix Assurance Co. of Canada v. Runck

GIERKE, Justice.

Clayton E. Runck, Jr., and Herman Sobania 1 appealed from a district court judgment 2 against them and George Schulz in an action brought by several insurance companies to recover insurance proceeds paid to Runck, interest, and punitive damages. We affirm.

The trial court made the following findings of fact:

“3. In the fall of 1971 Runck purchased a building and the surrounding land located in Starbuck, Canada, and had the building and any contents insured under a policy of co-insurance subscribed to by the plaintiffs.

“5. After the purchase of the building and prior to December…