STATE FARM FIRE & CASUALTY COMPANY v. ULTEIG

No. 4135.

367 S.W.2d 898 (1963)

STATE FARM FIRE & CASUALTY COMPANY, Appellant, v. Hazel ULTEIG, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied May 23, 1963.


Attorney(s) appearing for the Case

Vinson Elkins, Weems & Searls, Gaius G. Gannon, Jr., Houston, for appellant.

Butler, Binion, Rice & Cook, Thomas L. Moore, Collins & Moore, Houston, for appellee.


TIREY, Justice.

This is a suit on a policy of fire insurance issued by appellant insuring the home of Dean Ulteig and wife, Hazel, located in Houston. Appellant admitted liability unless the fire was intentionally and willfully started by the insured, and obtained the right to open and close. At the close of the evidence the Court overruled defendant's motion for instructed verdict and submitted one issue to the jury. It is:

"Do you find from a preponderance...

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