Stephens v. New Hampshire Insurance Company

SMITH, Chief Justice.

Respondent (plaintiff) brought this action for recovery of damages to his potato cellar, the damages having been caused by an alleged windstorm; such damages were covered by a policy of insurance issued by appellant (defendant). The policy afforded coverage for “loss by windstorm.” Appellant resisted recovery on the ground that the loss was the proximate result of structural deficiency in the potato cellar, not caused by the wind on the day in question.

Respondent’s potato cellar is located on his property some 15 miles northeast of Pocatello, Idaho. It was built by…