Home Insurance Co. New York v. Rose

The decision of this case turns on the construction of a paragraph of a policy by which petitioner, Home Insurance Company, New York, insured respondent, Joe M. Rose, against loss or damage to his growing cotton by hail. If one construction is given, respondent is entitled to recover $2700.00; if the other construction is given, he is entitled to recover $1350.00. The trial court’s judgment for $2700.00 was affirmed by the Court of Civil Appeals, 255 S.W. 2d 238. ■ .

On June 6, 1951, respondent made application for the policy in the amount of $4500.00, with a ten per cent deductible clause,…