Niagara Fire Ins. Co. v. Muhle

COLLET, Circuit Judge.

Fred J. Muhle recovered a judgment for $7,175.00 against the defendant insurance company on an insurance policy covering loss to his farm buildings from windstorm. The policy provided that the defendant should not be liable—

“ * * * for loss caused directly or indirectly by (a) frost or cold weather or (b) ice (other than hail), snowstorm, tidal wave, high water or overflow, whether driven by wind or not.”

The defense was that the insured’s damage was caused either entirely by flood water or by flood water driven by wind and hence was not covered by the policy. Mr. Muhle…