(DOWNLOAD) "Burgess Farms v. New Hampshire Insurance" by Court of Appeals of Idaho ~ eBook PDF Kindle ePub Free
eBook details
- Title: Burgess Farms v. New Hampshire Insurance
- Author : Court of Appeals of Idaho
- Release Date : January 20, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Burgess Farms brought this suit to recover from New Hampshire Insurance Group (hereinafter "New Hampshire") under a policy which covered, among other perils, vandalism and malicious mischief. New Hampshire contended that because Burgess Farms could not prove the destruction of its property was willful and malicious the loss was not covered. In the alternative, Burgess Farms sought recovery from the Taber-McDonald Insurance Agency, Inc. (hereinafter "Taber-McDonald") and Greg McDonald, who procured the policy from New Hampshire for Burgess Farms. The gist of this cause of action was that McDonald had negligently failed to procure the requested coverage or had failed to inform Burgess Farms that no such coverage was available. The district court granted New Hampshires motion for summary judgment, but denied Taber-McDonalds and Greg McDonalds similar motion. The court certified the order as a final judgment under I.R.C.P. 54(b) and Burgess Farms, Taber-McDonald and Greg McDonald have appealed. We reverse in part and remand.
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