Continental Ins. Co. v. Griffin
| Decision Date | 04 March 1949 |
| Docket Number | No. 2715.,2715. |
| Citation | 218 S.W.2d 350 |
| Parties | CONTINENTAL INS. CO. v. GRIFFIN. |
| Court | Texas Court of Appeals |
Appeal from Taylor County Court; Wiley Caffey, Judge.
Action by Paul Griffin against Continental Insurance Company, on a policy insuring plaintiff against damages to goods on his truck and in transit. From the judgment, defendant appeals.
Judgment affirmed.
Scarborough, Yates, Scarborough & Black, of Abilene, for appellant.
McMahon, Springer & Smart, of Abilene, for appellee.
Paul Griffin, a house mover, who owned house moving equipment consisting of a truck, skids and dollies, obtained an insurance policy from Continental Insurance Company insuring him against damage to houses while on his truck and in transit. The printed part of the policy provided for insurance against damage to goods and merchandise, consisting principally of "houses," while on Griffin's described motor truck and in transit. The word "houses" was typewritten into the printed form. Later printed portions of the policy recited:
This paragraph was followed by another headed, "This Insurance Does Not Cover." However, none of the exceptions in said paragraph are applicable. While said policy was in effect, Griffin was moving a house on his truck along the highway when he came to a concrete culvert through which the house would not pass. One side of the house was raised several inches in order to clear the banister of the culvert. With the house in this tilted position, Griffin's truck moved forward carrying the house and, while on the culvert, a tire on a dolly blew out causing the building to drop and strike the banister of the culvert. The house was thereby damaged to the extent of $106.18. Most of the damage was caused by the downward motion of the building. The house struck the culvert. Neither the truck nor the trailer struck anything.
Griffin sued the insurance company in the justice court for said damage. On appeal to the county court, the facts heretofore recited were agreed upon. The county court rendered judgment for Griffin and the insurance company has appealed.
Although appellant presents several points, their substance is that since Griffin's truck did not collide with the culvert, under the terms of the policy and agreed facts, damage to the house was not covered by the policy. Appellee contends that the collision of the house on the truck with the culvert brings the case within the following provision of the policy:
"(d) Collision, i. e. accidental collision of the conveyance with any other vehicle or object."
The policy plainly shows that it was intended to cover damage to a house while being transported on Griffin's truck. We think it was the intention of the parties to insure Griffin against damage as a result of an accidental collision of a house on the truck with any other object.
We adopt the following portion of the opinion of the Supreme Court of Michigan in C. & J. Commercial Driveway, Inc. v. Fidelity & Guaranty Fire Corp., 258 Mich....
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Bill Brown Const. Co., Inc. v. Glens Falls Ins. Co.
...Const. Co. v. Alliance Ins. Co., 162 Pa.Super.Ct. 153, 56 A.2d 338 (1948), ("collision of the conveyance"); Continental Ins. Co. v. Griffin, 218 S.W.2d 350 (Tex.Civ.App.1949), ("collision of the conveyance"). In holding that recovery should be allowed, these courts tend to look to the inten......
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...295 (Sup.Ct.1948); Jorgenson v. Girard Fire and Marine Ins. Co., 229 Minn. 48, 38 N.W.2d 209 (Sup.Ct.1949); Continental Ins. Co. v. Griffin, 218 S.W.2d 350 (Tex.Civ.App.1949); Aetna Ins. Co. v. Cameron, 633 P.2d 1212 (Mont.Sup.Ct.1981); and Garford Trucking, Inc. v. Alliance Ins. Co. of Phi......
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...Co., 229 N.C. 518, 50 S.E.2d 295; Liverpool & L. & G. Ins. Co., Ltd., v. Jones, 207 Ark. 237, 180 S.W. 2d 519; Continental Ins. Co. v. Griffin, Tex.Civ.App., 218 S.W.2d 350; Freiberger v. Globe Indemnity Co., 205 App.Div. 116, 199 N.Y.S. 310. In the Gould case, the supreme court of North Ca......
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