Waco Fire & Casualty Insurance v. Jones

Birdsong, Presiding Judge.

Defendant, WACO Fire & Casualty Insurance Company (WACO), appeals from the grant of partial summary judgment to plaintiff, Elon Jones, nee Cowan. WACO had issued a one-year policy of insurance on a retail grocery known as Dudley’s Grocery. Jones was the first mortgagee and was listed as the loss payee. The policy was to expire March 1, 1983. WACO offered a renewal of its policy to the insured on February 7 and 26, 1983. No response was received. No notice of the impending expiration date was sent to the mortgagee. More than fourteen months later, on May 8, 1984, the…