Aetna Insurance Co. v. Walker

Quillian, Judge.

We will not designate the parties as plaintiff and defendants in error, but where it is necessary to distinguish them, they will be called the insurer and the insured.

A suit to recover for losses from risks covered by an insurance policy is a suit for breach of contract. To set forth a cause of action the petition must show the risk came within the general coverage of the contract, and must not disclose that it was excluded from the coverage of the policy by any clause contained in it.

Damage to the plaintiffs’ house caused by “surface; water” is a risk excluded from the…