Legal Opinion

McKool v. Reliance Insurance Company

Court of Appeals of Texas

Decided January 8, 1965No. 16435PublishedCited by 17 opinions

1Opinion of the Court

BATEMAN, Justice.

Appellant Mike McKool sued appellee Reliance Insurance Company for loss due to •chipping and cracking of ceramic tile affixed to the walls of his swimming pool, caused by freezing of the water in the pool. The ■policy sued on insured appellant against “all risks of physical loss” to his home ex■cept as excluded in that part of the policy -providing that the insurance does not cov•er, inter alia:

“i. Loss caused by inherent vice, wear and tear, deterioration; rust, rot, mould or other fungi; dampness of atmosphere, extremes of temperature; contamination; vermin, termites, moths…

2Cases cited1 opinion

  1. Employers Mutual Casualty Co. of Des Moines, Iowa v. NelsonTexas Supreme Court · 1962

3Cited by17 opinions

  1. Blaylock v. American Guarantee Bank Liability Insurance Co.Texas Supreme Court · 1982
  2. Lundstrom v. United Services Automobile Ass'n-CIC, Texas Court of Appeals, 14th District (Houston)2006
  3. The Aetna Casualty and Surety Company v. Harold C. Yates and Eleanor Catherine YatesCourt of Appeals for the Fifth Circuit · 1965
  4. Employers Casualty Company v. HolmCourt of Appeals of Texas · 1965
  5. Lambros v. Standard Fire Insurance Co.Court of Appeals of Texas · 1975

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