Tyler Mut. Fire Ins. Co. v. Ellington

WILLSON, O. J.

(after stating the case as above). The provision in the policy that it should not “become effective or binding on either party” thereto until the premium thereon had been paid was a valid one (Ginners’ Mut. Underwriters’ Ass’n v. Fisher [Tex. Com. App.] 238 S. W. 207, 208), and, if it ought to have been given effect, the judgment should have been in appellant’s favor, instead of against it, for it conclusively appeared that the premium had not been paid at the time the fire occurred.

The trial court was of opinion, it seems, that the provision was never operative because of…