Melugin v. Imperial Casualty & Indemnity Co. of Omaha

MAUGHMER, Commissioner.

The suit is for damages to plaintiff’s tractor-truck caused by fire, which loss allegedly was covered under a policy of insurance issued by defendant. The verdict was for plaintiff in the amount of $4,600 (full amount of coverage, less $8,400 paid directly to mortgagee) with accrued interest of $540.50. The jury also found vexatious refusal to pay and allowed $460 damages therefor, plus a $1,000 attorney fee. However, these allowances were remitted in the trial court and are not, therefore, involved in this appeal.

The appellant-defendant makes four assignments of error.…