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SERVICE MUTUAL INSURANCE COMPANY v. CHAMBERS

No. 15715.

289 S.W.2d 949 (1956)

The SERVICE MUTUAL INSURANCE COMPANY OF TEXAS, Appellant, v. Tommy CHAMBERS, d/b/a Tommy Chambers Supply Company, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 11, 1956.

Attorney(s) appearing for the Case

Wilson & Cureton and Frank M. Wilson, Waco, for appellant.

Bates, Riggs & Singleton and John V. Singleton, Jr., Houston, for appellee.

MASSEY, Chief Justice.

The question for determination is the construction of coverage under the Texas Standard Form Automobile Insurance Policy in light of certain undisputed facts.

Insuring agreement IV reads as follows: "Automobile Defined, Trailers, Two or More Automobiles. (a) Automobile. Except where stated to the contrary, the word `automobile' means * * * (3) Temporary Substitute Automobile—under coverages A, B and C an automobile not owned by...

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