Esbjornsson v. Buffalo Insurance Co.

Matson, Justice.

Appeal from an order denying plaintiff’s motion for judgment notwithstanding the verdict, or for a new trial upon the issue of damages alone, or in the alternative upon all issues.

Plaintiff, the insured, brought this action on an insurance contract after her family dwelling in Litchfield, Minnesota, was destroyed by fire on May 27, 1955. Defendant insurer, which admits the issuance of a fire insurance policy upon the dwelling, asserts as defenses to any liability under the policy: (1) That plaintiff had no insurable interest in the building; (2) that the policy was no longer…