Trinity Universal Insurance Co. v. C. L. Cooke & Sons

CALVERT, Chief Justice.

In this suit by C. L. Cooke and Sons, a partnership, on a “Texas All Risk Builder’s Risk Form” insurance policy, the trial court withdrew the case from the jury at the close of the plaintiff’s evidence and rendered judgment that the plaintiff take nothing. The court of civil appeals reversed the trial court’s judgment and remanded the cause for retrial. 464 S.W.2d 493. We reverse the judgment of the court of civil appeals and affirm the judgment of the trial court.

Cooke purchased its “All Risk” policy in 1961. On March 18, 1966, Cooke, designated as contractor, entered…