L. E. Stephens v. New Hampshire Insurance
ID.15085; 447 P.2d 14; 92 Idaho 537 (1968)
Supreme Court of Idaho No. 10168
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Respondent (plaintiff) brought this action for recovery of damages to his potato cellar, the damages having been caused by
an alleged windstorm; such damages were covered by a policy of insurance issued by appellant (defendant). The policy afforded
coverage for "loss by windstorm." Appellant resisted recovery on the ground that the loss was the proximate result of structural
deficiency in the potato cellar, not caused by the wind on the day in question. Respondent's potato cellar is located on his property some 15 miles northeast of Pocatello, Idaho. It was built by respondent,
and insured by appellant, during the year 1961. It was an "A" construction type cellar, oriented in a north-south direction,
approximately 360 feet long and 40 feet wide. The roof had rafters or trusses in the form of an "A," with vertical supports
throughout the length of the structure. Rough lumber sheeting was nailed to the rafters diagonally at about a 45 degree angle
for about 100 feet on the north end and about 100 feet on the south end; the sheeting was applied horizontally over about
160 feet in the middle portion of the structure.