Legal Opinion · Dissent

Brown v. International Service Insurance Company

Court of Appeals of Texas

Decided December 31, 1969No. 7123Published

1DissentKeith, Justice

I respectfully dissent from an opinion which completely rewrites an unambiguous insurance policy, after a loss, under the guise of construing the policy. If plaintiff is to recover, he should do so upon the basis of the policy issued to him, not upon the one which this court has rewritten.

The policy involved is a “scheduled property floater policy,” issued on March 30, 1965, for a three year period, and the very first printed line thereof contains this language: “In consideration of the stipulations herein named and of the premium above specified the Company does insure the above Named…

2Cases cited13 opinions

  1. Bergholm v. Peoria Life Ins. Co.Supreme Court of the United States · 1932
  2. General American Indemnity Company v. PepperTexas Supreme Court · 1960
  3. Ohio Oil Company v. SmithTexas Supreme Court · 1963
  4. Republic National Life Insurance Co. v. SpillarsTexas Supreme Court · 1963
  5. Transport Insurance Co. v. Standard Oil Co. of TexasTexas Supreme Court · 1960

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