Commercial Union Assurance Company v. Foster

SMITH, Justice.

This suit was instituted in the 157th District Court of Harris County, Texas, by Respondent, L. R. Foster, hereafter referred to as plaintiff, against Petitioner, Commercial Union Assurance Company, Ltd., hereafter referred to as defendant. Plaintiff sought to recover under the terms of a marine insurance policy, which defendant had issued to plaintiff, for a loss arising out of the sinking of plaintiff’s yacht, Nataco.

The trial court, sitting without the intervention of a jury, entered judgment for defendant. Plaintiff appealed to the Court of Civil Appeals for the First…