Lord v. State Automobile & Casualty Underwriters

The opinion o£ the court was delivered by

Foth, C.:

This is an action on an insurance policy by the insured against his insurance company for the value of his insured truck, which was totally destroyed in an accident on July 18, 1968.

The case was tried to a jury which found in favor of the plaintiff and fixed the value of the truck at $8,500 at the time of its destruction. The $250 deductible clause was not applicable because the value found exceeded the policy limit and judgment was therefore rendered for the full limit of $8,000.

At a post trial hearing the court determined that plaintiff…