Thompson v. American Merchants Mutual Insurance Co.

CLAY, Commissioner.

Plaintiff appellant sought damages under a windstorm insurance policy issued by the defendant. The trial court directed a verdict for the latter on the ground plaintiff had failed to prove the damage was caused by windstorm.

Plaintiff's proof was that on the night of July 25, 1956, there was a windstorm accompanied by a heavy rain in the area where his place of business was located. The next morning he found eight inches of water in his basement which damaged his merchandise. Nine months later he discovered that there was a crack below ground level in one of the down spouts…