Millers Mutual Fire Insurance Co. of Texas v. Eggleston

MASSEY, Chief Justice.

Upon a commercial building of Mrs. Clyde Eggleston, appellee herein, the appellant company, Millers Mutual Fire Insurance Company of Texas, wrote a policy contract insuring the building against loss by lightning. On the evening of June 24, 1961, while said policy was in effect, a loss occurred as the result of lightning striking the roof of the building, damaging a substantial portion thereof. Claim was made under the policy and liability for the loss was denied, after which appellee and her husband had the roof repaired. Suit was thereafter filed. Trial was before the…