Henry H. Barrett v. Iowa National Mutual Insurance Company, a Corporation

On and after November 30, 1953, appellant, Henry H. Barrett, a citizen of Montana, owned a building at 15 North 32d Street in Billings, Montana. On November 30, 1953, appellee, Iowa National Mutual Insurance Company, an Iowa corporation doing business in Montana, issued to appellant in Montana a liability insurance policy reading, in part, as follows:

“Iowa National Mutual Insurance Company [appellee] * * *

“Agrees with the insured [appellant], * * * subject to the limits of liability, exclusions, conditions and other terms of this policy: * * *

“Coverage C — Property Damage Liability — Except Automobile: To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of injury to or destruction of property, including the loss of use thereof, caused by accident.”

The limits of liability applicable to Coverage C were stated in a part of the policy called the declarations. The limits so stated were as follows: “$1,000.00 each accident,” “$10,000.00 aggregate operations,” “$10,000.00 aggregate protective” and “$10,000.00 aggregate contractual.”

On May 14, 1954, portions of the building were occupied by tenants to whom they had…