National Surety Co. v. Volk Bros.

Mr. Presiding Judge HARVEY

delivered the opinion of the Commission of Appeals, Section A.

This is a suit by Volk Bros. Company, Inc., against the National Surety Company, to recover indemnity, under a burglary insurance policy, on account of the loss by burglary, of a certain sum of money contained in a safe belonging to the Volk Bros. Company. The Surety Company defends on the ground that, under the terms of the policy, said company assumed no liability for the loss that occurred. The trial court gave judgment against the Surety Company, and the Court of Civil Appeals has affirmed that…