Ætna Casualty & Surety Co. v. Tobolowsky

ALEXANDER, Justice.

This action was brought by Sam Tobo-lowsky against ¿Etna Casualty & Surety Company to recover on a certain mercantile safe burglary policy issued by the defendant to the plaintiff. The verdict on special issues was favorable to plaintiff and judgment was entered accordingly. The defendant appealed.

The policy insured the appellee against certain losses by burglary of insured’s safe-but contained the following provision: "“This agreement is subject to the following conditions, which are conditions precedent to any recovery hereunder: * * * (c) The company shall not be liable…