Castillo v. American States Ins. Co. of Texas
| Decision Date | 28 April 1977 |
| Docket Number | No. 19190,19190 |
| Citation | 550 S.W.2d 408 |
| Parties | Epifanio Simon CASTILLO et al., Appellants, v. AMERICAN STATES INSURANCE COMPANY OF TEXAS, Appellee. |
| Court | Texas Court of Appeals |
David K. Line, Robert W. Hartson, Inc., Dallas, for appellants.
Henry Stollenwerck, Dallas, for appellee.
Epifanio Simon Castillo, Jose Castillo and wife, Josefa Castillo, appellants herein, sued American States Insurance Company of Texas, appellee, seeking to recover for the fire loss of a residential dwelling, insured by appellee. American filed a motion for summary judgment and alleged that there had been a change of ownership after the issuance of the policy. The trial court found that there was a change of ownership after the issuance of the policy and granted the summary judgment. Because we find that there is no evidence to support this finding, we reverse and remand for trial on the merits.
The change of ownership defense is based on the section of the policy entitled "conditions suspending or restricting insurance." That section provides that "Unless otherwise provided in writing added hereto, this Company shall not be liable for loss occurring . . . (d) following a change in ownership of the insured property." The record reflects that the original policy was renewed on October 3, 1972, for a period of three years. Jose Castillo and wife, Josefa Castillo, were the named insureds. The property was destroyed by fire on February 23, 1975, and thereafter Juan Villegas and wife, Francisca Villegas, conveyed the property to Epifanio Castillo on April 28, 1975. In an affidavit, Epifanio Castillo stated that Jose and Josefa Castillo conveyed the property which is the subject of this lawsuit to Julio Castillo in or about 1970.
The only summary-judgment evidence of a change of ownership is the affidavit of Epifanio Castillo which reveals that the alleged change occurred before the effective date of the policy. The affidavit does not support the finding that there occurred a change of ownership after the issuance of the renewal policy. The only effect of this affidavit is to show a possible change of ownership prior to the date of the renewal policy. The only summary-judgment evidence offered by either party regarding a change of ownership after the date of the policy is the warranty deed which names Juan Villegas and wife, Francisca Villegas, as grantors and Epifanio Simon Castillo and wife, Cynthia E. Castillo, as grantees. Since there is no explanation of how Juan and Francisca Villegas had acquired their title, this deed is no evidence that the insureds, Jose and Josefa Castillo, had ever conveyed the property. If the Villegas had no legal title, their conveyance conferred no legal rights. There is no evidence in this record that the insured...
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