AMERICAN PROD. & VEG. CO. v. PHOENIX ASSUR. CO. OF N. Y.

No. 16807.

408 S.W.2d 954 (1966)

AMERICAN PRODUCE & VEGETABLE COMPANY, Appellant, v. PHOENIX ASSURANCE COMPANY OF NEW YORK, Appellee.

Court of Civil Appeals of Texas, Dallas.

November 18, 1966.


Attorney(s) appearing for the Case

L. W. Anderson, Dallas, for appellant.

Bailey, Williams, Weber & Allums, and James C. Allums, Jr., Dallas, for appellee.


BATEMAN, Justice.

Appellant maintained in its place of business a refrigerated room in which it stored a large quantity of food. Ammonia was the refrigerant used. During the night of November 21-22, 1963 ammonia escaped from the refrigerating system and contaminated much of the food. Appellee had issued to appellant an insurance policy, upon which appellant sued to recover its loss. Appellee denied liability, on the ground that a certain clause in the policy was applicable...

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