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McCONNELL CONST. CO. v. INSURANCE CO. OF ST. LOUIS

No. B-581.

428 S.W.2d 659 (1968)

McCONNELL CONSTRUCTION COMPANY, Petitioner, v. INSURANCE COMPANY OF ST. LOUIS, Respondent.

Supreme Court of Texas.

Rehearing Denied June 26, 1968.

Attorney(s) appearing for the Case

Vinson, Elkins, Weems & Searls, John N. Touchstone, Houston, for petitioner.

Hiram A. Warner, Jr. and A. Jay Bannon, Houston, for respondent.

NORVELL, Justice.

McConnell Construction Company sought a recovery against Insurance Company of St. Louis upon a "Builder's Risk" insurance policy which contained the following clauses as to Coverage, Contamination, Exclusion and Policy Termination, viz.:

"Coverage: Subject to the provisions of this form (Form No. 148-S. Physical Loss Form — January 1, 1959) and of the policy to which this form is attached including endorsements thereon, this policy...

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