Nautilus Insurance Co. v. Steinberg

OPINION

Opinion by

Justice MORRIS.

This appeal follows a trial before the court without a jury. Central to the appeal is the meaning of the word “theft” as used in an insurance policy that excludes “damage caused by or resulting from theft.” After reviewing the record, we conclude the trial court erred in its construction of the policy and its application of the law to the facts of this case. We further conclude that,.because of its incorrect construction of the policy and application of the law, the trial court failed to make a necessary fact finding. We reverse the trial court’s judgment and…