Circle 4 Stables, Inc. v. National Surety Corp.

JOY, Justice.

Suit upon insurance policy for loss by reason of death of a quarter horse stallion. From judgment for defendant insurer, plaintiff insured has appealed.

Plaintiff secured a one year livestock transportation and mortality insurance policy effective March 13, 1967 covering, among other animals, one quarter horse stallion named Dandy Bar Jr. in an amount of $30,000.00. During the summer of 1967 the horse acted unusual on numerous occasions, (he testimony of the witnesses being that he was “ouchy” or “touchy”, and that at times he was “feverish” and “colicky”. On or about September 6,…