Newsome v. St. Paul Mercury Ins. Co.
| Decision Date | 22 January 1960 |
| Docket Number | No. 16063,16063 |
| Citation | 331 S.W.2d 497 |
| Parties | W. T. NEWSOME, Appellant, v. ST. PAUL MERCURY INSURANCE COMPANY et al., Appellees. |
| Court | Texas Court of Appeals |
Mayfield & Atkins and Bill Atkins, Fort Worth, for appellant.
Cantey, Hanger, Johnson, Scarborough & Gooch, Fort Worth, for appellee St. Paul Marcury Ins. Co.
Woodruff, Morgan, Woodruff & Nobles, and Wm. A. Nobles, Decatur, for appellee Dorothy Newsome Fleece.
The question presented in this appeal is whether Mrs. Fleece, formerly Mrs. Newsome, is entitled to share in the proceeds of a fire insurance policy.
Mr. Newsome and Mrs. Fleece were divorced on May 2, 1958. No disposition was made of the community property.
On September 8, 1958, Newsome was issued a fire insurance policy on a house he and Mrs. Fleece had acquired as community property during their marriage. The premium was paid entirely by Newsome. There had been no previous insurance on the building. On September 30, the building was completely destroyed by fire.
On December 4, Newsome brought suit against the insurer, St. Paul Mercury Insurance Company, for the face amount of the policy. Because Mrs. Fleece claimed part of the proceeds, the Company interpleaded her and deposited the full amount of the policy into the registry of the court. Mrs. Fleece answered the Company's interpleader and intervened in the suit, and prayed for recovery of half the proceeds. The judgment divided the policy proceeds equally between Newsome and Mrs. Fleece, less attorney's fee for intervener.
Newsome appealed. He contends the court erred in awarding a share of the proceeds to Mrs. Fleece because (1) the insurance is payable to Newsome alone and Mrs. Fleece, a cotenant, is not named as an insured; (2) the Insurance Company is not liable under the insurance contract to a stranger to the policy; (3) only Newsome's interest was insured under the policy.
The policy was issued in the name of Newsome and insured him against direct loss resulting from fire. The policy also provided that liability thereunder should not exceed the interest of the insured.
Where a husband and wife, owning community property, are divorced without the court having made any division of such property in the divorce decree, they become tenants in common in the property or joint owners thereof. Ex parte Williams, Tex., 330 S.W.2d 605; McDaniel v. Thompson, Tex.Civ.App., 195 S.W.2d 202; Kirkwood v. Domnau, 80 Tex. 645, 16 S.W. 428; 15-A Tex.Jur., p. 785...
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