Durham v. I. C. T. Insurance Co.

DIXON, Chief Justice.

This suit was filed by appellants Gertrude A. Durham and Wilson Motors, Inc., as plaintiffs against Insurance Company -of Texas on a combination automobile insurance policy following a collision in which a car valued at $687 alleged to be owned by appellant Durham was a total loss. Appellant Wilson Motors, Inc. was the mortgagee named in a loss payable paragraph of the policy. Summary judgment was rendered against appellants.

The policy contains this provision: “6a. Except with respect to bailment lease, conditional sale, mortgage or other encumbrance the named insured is…