Steinbach v. Continental Western Insurance Co.

MOORE, Chief Justice.

Plaintiff appeals dismissal of his petition and challenges the trial court’s determination that his loss of cattle was not covered under the terms of his “theft” insurance policy. Defendant appeals from the court’s denial of summary judgment sought by defendant on ground the insurance policy limitation barred suit twelve months after a covered loss occurs. We find the trial court applied an over-restricted definition of “theft” in construing the policy before it and therefore must set aside the dismissal. In addition, the record shows issues of material fact before the…