Holscher v. James

SILAK, Justice.

Curtis and Brenda James signed an agreement to purchase a cabin and five acres of land from Ernest and Abbielena Holscher. Before the closing date, the Jameses insured the cabin by entering into an insurance binder 1 with State Farm General Insurance Co. through one of its agents. The Jameses then took possession of the premises. Thereafter, but also prior to closing, the cabin was destroyed by fire. The parties disputed who should bear the loss of the cabin. The district court entered judgment in favor of the Holschers, concluding that State Farm was obligated to pay the…