Ball v. Benefit Trust Life Insurance Co.

CRANDALL, Presiding Judge.

Plaintiff, Richard Ball, appeals from a judgment in favor of defendant, Benefit Trust Life Insurance Company, in a court-tried action for breach of an insurance contract and for vexatious refusal to pay plaintiff’s claim. We reverse and remand in part and affirm in part.

Plaintiff worked as a painter for Burlington Northern Railroad Company. Between October, 1976 and June 27, 1977, he spray painted the interior of 20 to 25 hopper cars, a type of railroad car used for transporting foodstuffs. He applied epoxy paint and a urethane sealer, both of which contained the…