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P was insured under a 'Minnesota Standard Township Mutual Fire Insurance Policy' issued by D. P constructed a hog barn on his farm for use in farrowing hogs. The barn was heated by an L. B. White furnace which was located just outside the building and which blew hot air into the barn by means of a fan. The furnace was controlled by a thermostat which could be adjusted to shut off the fan and furnace at a pre-set temperature. On January 1, 1976, P discovered that 15 of the 16 sows then in the hog barn were dead. The sows died from an inadequate supply of oxygen in the hog barn, caused by increased temperature. This resulted from a 'short' which rendered the thermostat inoperable allowing the furnace to blow hot air into the barn until the high limit control, set at 120 degrees, shut down the furnace. The thermostat was set at 75 degrees. At all times the fire inside the furnace burned and produced heat at its usual rate and was confined within the furnace causing no damage to the hog barn or to the furnace nor producing any soot or other foreign material. D refused to cover the loss as it was the result of a so-called 'friendly' rather than 'hostile' fire. P sued D and P won at trial. D appealed.

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