Legal Opinion · Dissent

Lloyd's of London v. Walker

Texas Court of Appeals, 5th District (Dallas)

Decided July 30, 1986No. 05-85-00640-CVPublished

1DissentHowell, Justice

I dissent. Blindly applying the undeniable rule that insurance policies must be construed in favor of the insured, the majority has found coverage where none was ever intended. In doing so, it has ignored other valid principles of construction and common sense as well.

Construction in favor of the insured is a principle too well established to be questioned. However, it is not the be-all and end-all of insurance law. The Supreme Court has written:

We recognize the general rule that contracts of insurance are to be strictly construed in favor of the insured, but this does not affect the further…

2Cases cited5 opinions

  1. United American Insurance Company v. SelbyTexas Supreme Court · 1960
  2. Davis Yarn Co. v. Brooklyn Yarn Dye Co.New York Court of Appeals · 1944
  3. Nutchey Ex Rel. Various Underwriters at Lloyd's, London at Risk on Certificate of Insurance No. MCD 9787 v. Three R's Trucking Co., Texas Court of Appeals, 7th District (Amarillo)1984
  4. Grossbaum Ceramic Art Syndicate v. German InsuranceSupreme Court of Pennsylvania · 1906
  5. Morgan v. Badger Mutual InsuranceDistrict Court, N.D. Florida · 1961

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