Gallagher v. Fire Insurance Exchange

OPINION

DUNCAN, Justice.

Felma Gallagher sued Fire Insurance Exchange for breach of contract after it denied her claim for losses she allegedly incurred when her home was burglarized. The case was tried to a jury, which found a theft loss occurred. However, the jury also found Gallagher’s replacement cost for the items stolen from her was zero. The trial court rendered a judgment in Gallagher’s favor for her court costs.

On appeal, Gallagher contends the trial court erred in refusing to instruct the jury in accordance with article 21.19 of the Texas Insurance Code, which requires an insurer that…