McKOOL v. RELIANCE INSURANCE COMPANY

No. 16435.

386 S.W.2d 344 (1965)

Mike McKOOL, Appellant, v. RELIANCE INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 5, 1965.


Attorney(s) appearing for the Case

McKool & McKool, and Bill Jones, Dallas, for appellant.

Thompson, Coe, Cousins & Irons and Franklin H. Perry, Dallas, for appellee.


BATEMAN, Justice.

Appellant Mike McKool sued appellee Reliance Insurance Company for loss due to chipping and cracking of ceramic tile affixed to the walls of his swimming pool, caused by freezing of the water in the pool. The policy sued on insured appellant against "all risks of physical loss" to his home except as excluded in that part of the policy providing that the insurance does not cover, inter alia:

"i. Loss caused by inherent vice, wear and...

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