Alexander & Alexander of Texas, Inc. v. Bacchus Industries, Inc.

OPINION

WOODARD, Justice.

This is an appeal from a trebled damage judgment of $694,606.22 under Article 21.-21 of the Texas Insurance Code. We reverse and remand.

Plaintiff was a designer, manufacturer and marketer of fiberglass evaporative coolers. It carried several insurance policies through the Agent/Defendant, including a computer-word processor policy.

On June 2, 1983, a fire on the premises destroyed the Plaintiff’s computer. A dispute arose over whether the policy was current in payment of premiums or had lapsed. The jury found that the premiums had been paid. They further found that the…