Cantu v. Western Fire & Casualty Insurance Co.

OPINION

DORSEY, Justice.

This is an appeal from a partial summary judgment in a suit to recover insurance benefits for the loss of a truck. After the partial summary judgment was granted, the parties proceeded to trial on the insurance contract for the value of the truck. The resulting judgment based on the jury’s verdict is not part of this appeal.

The undisputed facts are that on or about May 18, 1983, appellants’ 1975 Ford dump truck was destroyed by fire. The truck was covered for fire loss by Western Fire and Casualty Insurance Company, Ltd. Appellants notified their insurance agent of the…