Great W. Cas. Co. v. Butler Mach. Co.

Crothers, Justice.

*506[¶1] Great West Casualty Company appeals from a judgment of dismissal with prejudice. We reverse and remand.

I

[¶2] Bad Habit Trucking LLC owned a 1996 Peterbilt truck. Great West Casualty Company insured the truck for Bad Habit Trucking. Dusty Weinreis is a member of Bad Habit Trucking LLC. Weinreis took the truck to Butler Machinery Company for service work. The truck was destroyed by fire after the service work was completed but before Weinreis paid for the services. Great West paid Bad Habit Trucking $85,000 for the loss of the truck in accordance with the insurance policy.