Employers Mutual Casualty Co. of Des Moines, Iowa v. Nelson

CULVER, Justice.

The respondent, Nelson, filed this suit against Employers Mutual Casualty Company to recover under a standard “physical loss” policy of insurance issued by it covering Nelson’s residence in the City of Houston. Judgment was entered for the insured based on a jury verdict. The Court of Civil Appeals has affirmed. 351 S.W.2d 278.

Nelson’s home is of frame construction, with composition type roof. On or about June 24, 1957, a construction company operating under authority from the City commenced the excavation for a sewer line along the street in front of Nelson’s home. The…