Zajac v. Old Republic Insurance Co.

ERICKSTAD, Chief Justice.

Raymond Zajac (Zajac) appeals from a district court judgment granting Old Republic Insurance Company (Old Republic) a judgment n.o.v. and a new trial in the event that the judgment n.o.v. is reversed. We reverse that part of the judgment granting judgment n.o.v. and affirm that part granting a new trial.

On June 3, 1982, Zajac purchased a hail insurance policy from Old Republic. On July 8, 1982, three of Zajac’s insured soybean fields were damaged by hail. Old Republic determined that Zajac’s fields had sustained the following losses: Field No. 1 — 28.7%; Field No. 2 —…