Legal Opinion

Western Assur. Co. v. Security Trust Co.

Court of Appeals of Texas

Decided June 19, 1935No. 9631Published

1Opinion of the Court

BICKETT, Chief Justice.

This is an appeal by Western Assurance Company from a judgment rendered against it for $321.29 in favor of C. F. Gibson, receiver of Security Trust Company, upon a policy of fire insurance.

The policy was in the form of the “Texas Standard Fire Policy,” and contained the usual exceptions from general liability. There was neither pleading nor proof to negative the existence of facts that' might bring the loss within the exceptions. The judgment must therefore be reversed upon the ground of failure to make out a •cause of action within the terms of liability under the…

2Cases cited2 opinions

  1. Boston Ins. Co. v. FitzpatrickCourt of Appeals of Texas · 1934
  2. New York Underwriters' Ins. Co. v. ShanksCourt of Appeals of Texas · 1935

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