CENTURY CORPORATION v. Phoenix of Hartford

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an action by the insured, Century Corporation, against its insurer, Phoenix of Hartford, to collect for a fire loss under a standard fire insurance policy. The district court of Silver Bow County with a judge presiding without a jury, entered a judgment for the insured for the full $10,000 allegedly due under the policy. Defendant insurer appeals.

On or about May 13, 1968, plaintiff purchased the Park Hotel in Butte from Silver Bow County as a result of a tax sale. The Park Hotel had been abandoned and the county had taken…