Burch v. Commonwealth County Mutual Insurance Co.

WALKER, Justice.

We adopt and extend to the facts of this case the general rule, thought by some to be inapplicable in Texas, that a contract of property insurance may, if the parties so intend, effectively protect against a loss occurring prior to issuance of the policy provided neither the applicant nor the insurer knew of the loss when the contract was made.

Albert Daniel Burch, petitioner, is the assured. Commonwealth County Mutual Insurance Company, respondent, is the insurer. A family automobile policy was issued in petitioner’s name by respondent’s general agent, Ideal Insurance Agency,…