00-3427 Konrady v. Bremer Insurance Agencies Inc.

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Bremer Insurance Agencies Inc. appeals from a judgment in favor of Dona and Melvin Konrady and from an order denying its post-trial motion. A jury determined that insurance agent Gregory Romanofsky, Bremer’s employee, negligently failed to procure adequate replacement cost coverage for the Konradys’ veal barn, which was later destroyed in a fire. The trial court denied Bremer’s motion to change the verdict’s answers or, alternatively, to grant a new trial.

We conclude that there is insufficient proof to sustain the jury’s verdict because the Konradys failed to provide expert testimony to assist the jury in determining whether Romanofsky was required to recalculate the barn’s replacement cost annually. We conclude that the trial court erred when it denied Bremer’s motion to change the verdict’s answers.

We reverse and remand with directions to enter judgment for Bremer.

Not recommended for publication in the official reports.

Dist III, St. Croix County, Lundell, J., Cane, C.J.

Attorneys:

For Appellant: Rolf E. Sonnesyn, Minneapolis, MN

For Respondent: Guy K. Fish, Milton