Providence Washington Insurance v. Proffitt

O. C. Proffitt sued Providence Washington Insurance Company to recover loss or damage to his automobile. The San Angelo National Bank, San Angelo, Texas, intervened asserting a claim as mortgagee to a portion of the recovery, if any, under a loss-payable clause attached to the policy. Trial was to the court and judgment was for the defendant. No findings of fact or conclusions of law were filed. The Court of Civil Appeals reversed the judgment of the trial court and rendered judgment for Proffitt and Bank. 234 S.W. 2d 894.

The policy of insurance is an “Automobile Policy, Physical Damage Form”…