Topinka v. American Eagle Fire Insurance

The opinion of the court was delivered by

Arn, J.:

This action is one to set aside a release of defendant’s liability under a hail insurance policy which Merle Topinka, plaintiff, alleged he signed because of fraudulent and false representations made to him by the defendant’s adjusting agent in securing *182the release, and for recovery of benefits alleged to be due plaintiff' under the policy. The trial below was by a jury. Plaintiff prevailed and the defendant insurance company appealed specifying error of the trial court in overruling defendant’s demurrer to plaintiff’s evidence, in overruling…