Service Mut. Ins. Co. of Texas v. Territo

HALE, Justice.

The Service Mutual Insurance Company, hereinafter referred to as “company,” issued its policy of insurance to Annie Territo, herein referred to as “plaintiff,” with loss payable clause to E. K. Howell as his interest may appear, herein referred to as “intervener,” providing coverage, among other things, for loss caused by theft of the automobile therein described to the extent of the actual cash value thereof. Plaintiff sued to recover the actual cash value of her automobile on account of its alleged loss by theft, and intervener set up his claim for loss as mortgagee. The case…