UNITED STATES FIDELITY & GUARANTY CO. v. BIMCO IRON & METAL CORP.

No. 15632.

455 S.W.2d 828 (1970)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. BIMCO IRON & METAL CORPORATION, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied July 9, 1970.


Attorney(s) appearing for the Case

Fulbright, Crooker, Freeman, Bates & Jaworski, Tom Connally, Houston, for appellant.

Finger & Burg, Leonard Z. Finger, Houston, for appellee.


COLEMAN, Justice.

This is a suit on an insurance policy to recover the loss to an insured building caused by a burglar. The principal issues relate to the proper interpretation of a malicious mischief rider to the insurance policy, and to whether the insurance company waived a written proof of loss. Judgment for the insured was rendered on a jury verdict.

The loss on which this suit is based occurred sometime during the weekend of July 10-13, 1966, when some...

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