Legal Opinion

Northwestern Nat. Ins. Co. v. Westmoreland

Court of Appeals of Texas

Decided October 9, 1919No. 1003PublishedCited by 8 opinions

Error from District Court, Midland County; Chas, Oibbs, Judge. Action by J. J. Westmoreland against the Northwestern National Insurance Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the CourtHarper, C. J.

Appellant issued its policy in favor of appellee, insuring a building against fire in the sum of $2,500.

The building was destroyed. Appellee brought this action for the full amount of the policy, and upon verdict of the jury in his favor judgment was rendered for the full amount sued for, from which it comes to this court for review. The defense pleaded and urged being that the building was destroyed by an explosion prior to any fire, by reason thereof the insurance immediately ceased because of the following provisions contained in the contract:

“This company shall not be liable for loss…

2Cases cited3 opinions

  1. Liverpool & London & Globe Insurance v. EndeTexas Supreme Court · 1885
  2. Travelers' Ins. Co. v. HarrisTexas Commission of Appeals · 1919
  3. Pelican Insurance v. Troy Co-operative Ass'nTexas Supreme Court · 1890

3Cited by8 opinions

  1. Northwestern Nat. Ins. Co. v. MimsCourt of Appeals of Texas · 1920
  2. Liverpool & London & Globe Ins. Co. v. CurrieCourt of Appeals of Texas · 1921
  3. American Indemnity Co. v. JagoeCourt of Appeals of Texas · 1934
  4. Jenkins v. MooreCourt of Appeals of Texas · 1921
  5. Garfield Mutual Fire & Storm Insurance Ass'n v. CalhounCourt of Appeals of Texas · 1975

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