Timberline Equipment Co., Inc. v. St. Paul Fire & Marine Insurance

*641DENECKE, C. J.

The plaintiff-insured recovered a judgment in this action against its insurer, the defendant St. Paul Fire and Marine Insurance Company. The trial court entered a voluntary nonsuit for the defendant Fred S. James & Co. St. Paul Appeals.

The theory of the complaint is ambiguous. The most positive language in the complaint alleges that after the loss St. Paul told plaintiff it was covered and is therefore estopped to deny coverage of plaintiff. At the trial, however, the plaintiff’s theory was that its loss was covered under the policy issued by St. Paul and was not within an…