dissenting:
I concur in the foregoing dissent of Mr. Justice Weber. I would add that the jury was arguably confused by Instruction No. 10 and the special interrogatories. The District Court so found, and there is no abuse of discretion in granting a new trial under such circumstances.
On retrial, plaintiff’s damages should not be limited to the liability limits of the supposed policy. Montana law provides that the measure of damages for breach of contract “is the amount which will compensate the party aggrieved for all the detriment which was proximately caused thereby or in the ordinary course of things would be likely to result therefrom.” Section 27-1-311, MCA.