Traders & Gen. Ins. Co. v. Frozen Food Express

I concur in a reversal of this case because of what I believe to be an error in the submission of special issues Nos. 4, 5, 6, 7, 8 and 9 pertaining to the question of waiver of premiums.

When the Board of Insurance Commissioners prescribes a rate, the insurer and/or the insured cannot adopt a different one. English Freight Co. v. Knox, Tex.Civ.App.1944, 180 S.W.2d 633, error ref.

Then too, it was error for the court to admit testimony that no claims had been paid by.the .insurer because the fact that no claims had been paid based on established losses would in nowise absolve the insurer of its…