Legal Opinion

East Texas Fire Insurance v. Kempner

Texas Supreme Court

Decided June 21, 1894No. 186PublishedCited by 63 opinions

Ebbob to Court of Civil Appeals for Third District, in an appeal from Lee County. The facts sufficiently appear in the opinion.

1Opinion of the Court

BROWFT, Associate Justice.

The East Texas Fire Insurance Company issued to H. Kempner, upon a brick- storehouse, a policy of insurance which contained the following clauses:

“Article 2. This policy shall become void unless consent in writing is indorsed by the company hereon in each of the following cases: Sec. 3. If the risk be increased by any change in the occupation of the building or premises herein described, or by the erection or occupation of adjoining buildings, or by any means whatever within the knowledge of the assured. Sec. 4. It is a rule of this company not to insure .any vacant…

2Cases cited3 opinions

  1. Morrison v. Insurance Co. of North AmericaTexas Supreme Court · 1887
  2. Eddy v. Hawkeye Ins.Supreme Court of Iowa · 1886
  3. Galveston Insurance v. LongTexas Supreme Court · 1879

3Cited by63 opinions

  1. Gilbert Texas Construction, L.P. v. Underwriters at Lloyd's LondonTexas Supreme Court · 2010
  2. Fiess v. State Farm LloydsTexas Supreme Court · 2006
  3. U. S. Fidelity & Guaranty Co. v. Baldwin Motor Co.Texas Commission of Appeals · 1931
  4. Home Insurance Co. New York v. RoseTexas Supreme Court · 1953
  5. Delaware Insurance v. HarrisCourt of Appeals of Texas · 1901

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