World Fire & Marine Ins. Co. v. Puckett

• Decision Date: 17 February 1954
• Docket Number: No. 12647,12647
• Citation: 265 S.W.2d 641
• Parties: WORLD FIRE & MARINE INS. CO. v. PUCKETT.
• Court: Texas Court of Appeals

Page 641

265 S.W.2d 641

WORLD FIRE & MARINE INS. CO. v. PUCKETT.

No. 12647.

Court of Civil Appeals of Texas, San Antonio.

Feb. 17, 1954.

Rehearing Denied March 17, 1954.

Lewright, Dyer, Sorrell & Redford, Corpus Christi, Davis, Clemens, Kinght & Weiss, San Antonio, for appellant.

James L. Lattimore, Corpus Christi, for appellee.

NORVELL, Justice.

There is apparently no dispute as to the material facts in this case. Both parties moved for a summary judgment. The motion of W. M. Puckett was granted and he was awarded a judgment for $1,900 against The World Fire and Marine Insurance Company of Hartford, Connecticut, under the provisions of an insurance policy covering a 1950 Model 88, Oldsmobile, which had been practically destroyed as the result of a collision. (The policy was written upon a form jointly used by appellant and The Century Indemnity Company. No coverage of the latter company is here involved and judgment was rendered that Puckett take nothing against The Century Indemnity Company. No appeal was taken from this portion of the judgment.)

The controlling question involved is whether or not the policy was in force at the time of the destruction of the automobile.

Appellant contends that Puckett did not own the automobile at the time the loss was sustained and for that reason cannot recover. In the alternative, it argues that the automobile was the subject of a 'conditional sale.' Puckett sought a recovery under Coverage E of the policy relating to collision or upset. Under the exclusionary clauses of the policy it is provided that Coverage E shall not apply while the automobile is subject to a conditional sale not specifically declared and described in the policy.

The facts, as disclosed by the affidavits accompanying the motions and the depositions referred to therein, are as follows:

Puckett was the owner of a 1950, Model 88, Oldsmobile automobile which was covered by an automobile insurance policy issued by The World Fire and Marine Insurance Company, under the terms of which the insurance company agreed to pay for direct and accicental loss or damage to the automobile caused by collision of the automobile with another object, or by upset of the automobile. Puckett resided in Corpus Christi and on December 24, 1951, he drove to San Antonio in the automobile mentioned. He was accompanied by his wife and her cousin, a Mr. Littleton, and his wife. Puckett entered into negotiations with the Mission Motor Mart for the exchange of his automobile for a 1951, 98 Model, Oldsmobile, which the automobile dealers had upon their lot. About six o'clock in the evening a transaction was completed whereby Puckett delivered his 88 Oldsmobile to Mission Motor Mart and executed an application for transfer of title before a Notary Public, as required by Article 1436-1, § 33, Vernon's Ann.Pen.Code. The name of the transferee was not filled in upon this application, but the party to whom the application was delivered was impliedly authorized to fill in the blank. Associates Inv. Co. v. National City Bank of Waco, Tex.Civ.App., 231 S.W.2d 661; Clade v. National City Bank of Waco, Tex.Civ.App., 229 S.W.2d 815, 2 Tex.Jur. 708; National Bond & Investment Co. v. Mound City Finance Co., Mo.App., 161 S.W.2d 664. Puckett also delivered two checks to Mission Motor Mart, one being his wife's check for $500, and the other, Mr. Littleton's check for $400. Possession of the 98 Oldsmobile was delivered to him, and it was agreed that the checks should be deposited for collection on the next banking day and that the certificate of title to the 98 Oldsmobile should be attached thereto.

On the night of December 25, 1951, the 88 Oldsmobile was almost demolished in a wreck in which one person was killed. Puckett was not aware of this, however, and about 4 o'clock on...