Legal Opinion

Commercial Union Assur. Co. v. Preston

Court of Appeals of Texas

Decided February 4, 1922No. 8612. [fn*]PublishedCited by 9 opinions

Error from District Court, Freestone County; A. M. Blackman, Judge. Action by T. J. Preston against the Commercial Union Assurance Company, Limited. Judgment for plaintiff, and defendant brings error.

1Opinion of the CourtVaughan, J.

Defendant in error brought this suit July 15, 1920, against plaintiff in error to recover upon a policy of fire insurance issued by it to cover loss or damage to certain equipment of his moving picture show. Plaintiff in error admitted liability, and renewed in its answer a tender which it had previously made to the defendant in error for all items claimed in a proof of loss submitted, excepted for moving picture machines and attachments and for films. It denied liability for these because of the following provision contained in the policy:

“It being understood that this company shall not be…

2Cases cited12 opinions

  1. First Texas State Insurance v. SmalleyTexas Supreme Court · 1921
  2. Commercial Union Assurance Co. of London, Ltd. v. MeyerCourt of Appeals of Texas · 1895
  3. Herzog v. Palatine Ins.Washington Supreme Court · 1905
  4. American Nat. Ins. Co. v. HawkinsCourt of Appeals of Texas · 1916
  5. Fidelity-Phenix Fire Ins. Co. v. SadauCourt of Appeals of Texas · 1914

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Commercial Union Assurance Co. v. PrestonTexas Supreme Court · 1926
  2. Milwaukee Mechanics' Ins. v. West Development Co.Court of Appeals of Texas · 1924
  3. Garrison v. Great Southern Life Ins. Co.Court of Appeals of Texas · 1934
  4. North River Ins. Co. v. ThomasCourt of Appeals of Texas · 1924
  5. Board of Ins. Com'rs v. CarterCourt of Appeals of Texas · 1950

4 more not listed; retrieve them via the Exa API.

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