Sudduth v. Commonwealth County Mutual Insurance Co.

WALKER, Justice.

Mattie Morine Sudduth, plaintiff, brought this suit against Commonwealth County Mutual Insurance Company, defendant, to recover on an insurance policy for collision damage to an automobile. The vehicle was damaged in an accident on May 7, 1968, and defendant contends that the policy was cancelled on April 22, 1968. Defendant’s motion for summary judgment was granted by the trial court, and the Court of Civil Appeals affirmed. 448 S. W.2d 262. We reverse the judgments of the courts below and remand the cause to the district court.

The insurance policy provides as follows :

“16.…