NEW YORK CENTRAL MUTUAL FIRE INS. CO. v. McDONALD

No. 11132.

374 S.W.2d 767 (1964)

NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant, v. J. Simms McDONALD, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied January 29, 1964.


Attorney(s) appearing for the Case

Bryan & Patton, Julietta Jarvis, Houston, for appellant.

Harris, Salyer & Taylor, Bay City, for appellee.


PHILLIPS, Justice.

The plaintiff brought suit in the court below against the defendant Insurance Company on an insurance policy alleging damages to his beach house resulting from Hurricane Carla. The beach house had been located on the edge of Turtle Bay in Matagorda County and completely disappeared sometime during the hurricane.

The insurance policy involved in this suit provided coverage for windstorm, but excluded coverage for damage by water or a combination...

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