Northwestern Mutual Insurance v. Peterson

GILLETTE, Justice Pro Tempore.

This is a subrogation action which grew out of a claim paid on a builder’s risk insurance policy. Plaintiff insurance company paid a claim for damages suffered when a church building under construction in Baker collapsed during a windstorm. Plaintiff sued defendant, alleging that had it not been for defendant’s negligence in constructing the building, the accident would not have occurred. Defendant’s position was that the church was blown down by a wind of such force as to constitute an act of God, thereby freeing him from responsibility. The trial judge,…