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

No. A-10025.

380 S.W.2d 545 (1964)

J. Sims McDONALD, Petitioner, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied July 15, 1964.

Attorney(s) appearing for the Case

Harris, Salyer & Huebner, Bay City, Hill, Brown, Kronzer, Abraham, Watkins & Steely, Al Taylor, Houston, for petitioner.

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

CULVER, Justice.

Petitioner, McDonald, brought this action against New York Central Mutual Fire Insurance Company to recover for the destruction of his house located in Matagorda County under the terms of a policy of insurance issued by that company. The policy covered loss caused by wind and hurricane but excluded loss caused by tidal wave, high water or overflow, whether driven by wind or not.

The jury found that...

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