Hope v. Lloyds

BOLIN, Judge.

Plaintiff owned a 1958 Chevrolet station wagon which was destroyed by fire on November 1, 1963. Alleging the vehicle was totally destroyed, plaintiff sued his insurer, South Texas Lloyds, for $995, plus interest, penalties, and attorneys’ fees. The insurer defended on the ground that Hope had intentionally burned the automobile. For written reasons the trial judge found for defendant and plaintiff appeals.

On the question which is before us for consideration the law is well settled that, in an action on a policy of fire insurance, incendiarism is an affirmative defense and the…