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HARDWARE DEALERS MUT. INSURANCE CO. v. BERGLUND

No. A-10418.

393 S.W.2d 309 (1965)

HARDWARE DEALERS MUTUAL INSURANCE CO., Petitioner, v. Clifford L. BERGLUND and Robbie Mae Berglund, husband and wife, Respondents.

Supreme Court of Texas.

Rehearing Denied July 21, 1965.

Attorney(s) appearing for the Case

Fulbright, Crooker, Freeman, Bates & Jaworski, Charles D. Boston, Newton Gresham, with above firm, Houston, for petitioner.

Miller & Gann, Austin Y. Bryan, Jr., Houston, for respondents.

NORVELL, Justice.

This is a Hurricane Carla case. Petitioner, Hardware Dealers Mutual Insurance Company, issued two insurance policies to respondents, Clifford L. Berglund and his wife, Robbie Mae Berglund; one contained both an "all risks" clause and a "named peril clause," while the second policy contained a "named peril" clause only. The "named peril" clause covered direct losses by "windstorm, hurricane, hail," etc. On September 11, 1961, as a result of the storms...

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