National Union Fire Insurance v. Schwing America, Inc.

OPINION

FOLEY, Judge.

This breach of contract action for nonpayment of an insurance premium was tried to a jury. The trial court denied appellant Schwing America, Inc.’s motion for a directed verdict based on respondent National Union Fire Insurance’s failure to prove a condition precedent had been satisfied. By special verdict, the jury found that Schwing and National Union had entered into a contract and that Schwing owed National Union $60,074. Schwing’s alternative motion for judgment notwithstanding the verdict for a new trial was denied, and Schwing has appealed. We reverse.

FACTS

Schwing,…