Glens Falls Ins. Co. v. Covert, 7714
Decision Date | 10 July 1975 |
Docket Number | No. 7714,7714 |
Citation | 526 S.W.2d 222 |
Parties | GLENS FALLS INSURANCE COMPANY, Appellant, v. George COVERT, d/b/a Covert Automobile Company, Appellee. |
Court | Texas Court of Appeals |
Barry Bishop, Austin, for appellant.
Terry L. Weldon, Austin, for appellee.
This is an action to recover under an insurance policy covering plaintiff's business and premises. Trial was before the court and judgment was rendered for plaintiff. Findings of fact and conclusions of law were filed. The parties will be referred to here as they were in the trial court.
All material facts are uncontroverted. George Covert, d/b/a Covert Automobile Company, was insured under a policy of insurance issued by defendant, Glens Falls Insurance Company. The policy, known as a Commercial Property Policy Form, contained these provisions:
'(d) Loss or damage caused by or resulting from delay, loss of market, loss of use, bankruptcy, foreclosure, execution or similar proceedings, wear, tear, moth, vermin, deterioration, inherent vice, latent defect or mechanical breakdown.'
The trial court made these findings of fact:
Defendant does not question any of the findings of fact but his points of error are to the effect that this is not a claim for 'physical loss or damage,' and the policy of insurance does not cover this type of loss. We agree.
We are obligated to follow the clear meaning of the rule restated by the Supreme Court of Texas in Hardware Dealers Mut. Insurance Co. v. Berglund, 393 S.W.2d 309, 314 (Tex.1965), as follows:
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