Cox v. State Farm Fire & Casualty Co.

George Rose Smith, Justice.

This is an action by the appellants upon a fire insurance policy issued by the appellee. The policy provided coverage of $10,000 upon the appellants’ dwelling and $4,000 upon unscheduled personal property. The dwelling and its contents were damaged by fire in 1964. The insurer paid the full limit of its liability for unscheduled personal property and paid $5,220.14 for damage to the dwelling.

The only item now in dispute is damage of $335.01 to a wall-to-wall carpet. The homeowners contend that the carpet was a fixture, so that its loss falls within the coverage upon…