Bumann v. St. Paul Fire & Marine Insurance Co.

SAND, Justice.

St. Paul Fire & Marine Insurance Co. [hereinafter St. Paul Fire & Marine] appealed from a summary judgment declaring the insurance policy held by A1 Bumann was in full force and effect at the time of the fire which burned down the Polar King drive-in at approximately 12:45 a. m. on 28 Dec. 1979. If the policy was in full force and effect at the time of the fire, we must also resolve whether the policy is to be prorated with two other policies covering the same property or is to be treated as a face-value policy.

Bumann purchased the Polar King drive-in from Melvin and Donald…