Juker v. American Livestock Insurance

Convinced that Judge Ward had a better grasp of the case than does the Court, as reflected in the opinion announced today, and being unable to see any manner wherein Judge Ward erred, I would affirm.

The majority reads this policy in accordance with the simplistic and unrealistic contention of the company by holding that where “[tjhere has been no covered loss during the policy period; there can be no recovery,” period. Such a reading ignores both the realities of the contract and the findings of the trial court.

For this proposition the Court cites two cases from Texas, neither of which has…