Westchester Fire Insurance Co. v. Lowe

I respectfully dissent. The majority uses Claridy v. Texas Employers’ Ins. Ass’n., 795 S.W.2d 228 (Tex.App.—Waco 1990, writ denied), Jones v. Pacific Employers Ins. Co., 416 S.W.2d 580 (Tex.Civ.App.—Eastland 1967, writ refd n.r.e), and 2 State BaR of Texas, Texas Pattern JURY Charges PJC 24.06 (1989) as authority for its holding. While each of these may be considered persuasive, they certainly are neither controlling nor binding upon this court.

These authorities are nothing more than a judicial “house of cards” built upon dictum from St. Paul Fire and Marine Insurance Co. v. Murphree, 163…