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C. L. COOKE & SON v. TRINITY UNIVERSAL INSURANCE CO.

No. 11790.

464 S.W.2d 493 (1971)

C. L. COOKE & SON, Appellant, v. TRINITY UNIVERSAL INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 24, 1971.

Second Rehearing Denied March 17, 1971.

Attorney(s) appearing for the Case

Quinn & Price, Nelson Quinn, Abilene, for appellant.

Thompson, Coe, Cousins, Irons & Porter, R. B. Cousins, Dallas, for appellee.

O'QUINN, Justice.

C. L. Cooke and Son, a partnership, sought recovery against Trinity Universal Insurance Company of Dallas upon a "Texas All Risk Builder's Risk Form" insurance policy which contained the following provision as to coverage:

"Covering any and all materials, permanent fixtures and supplies (including labor costs and other incidental construction expenses) of any nature whatsoever, the property of the Assured or the property of others in the...

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