United States Fidelity & Guaranty Co. v. Bimco Iron & Metal Corp.

COLEMAN, Justice.

This is a suit on an insurance policy to recover the loss to an insured building caused by a burglar. The principal issues relate to the proper interpretation of a malicious mischief rider to the insurance policy, and to whether the insurance company waived a written proof of loss. Judgment for the insured was rendered on a jury verdict.

The loss on which this suit is based occurred sometime during the weekend of July 10-13, 1966, when some unidentified persons broke into appellee’s warehouse, damaging the building in gaining entry, and removing all copper wiring. In the…