Ehlers v. Farmers Mutual Insurance

In this action plaintiff seeks recovery on a policy of fire insurance, issued to him by defendant. Defendant admitted the issuance of the policy, denied liability on the ground that the policy had lapsed for nonpayment of an assessment duly made, and alleged that the policy was not in force at -the time plaintiff sustained his fire loss.

The parties stipulated the value of the property covered by the policy and destroyed by fire. At the close of all the evidence each of the parties moved for a directed verdict. *369The court overruled defendant’s motion and sustained that of plaintiff, and…