UNITED STATES FIDELITY & GUARANTY CO. v. SMITH

No. 5-5891.

480 S.W.2d 129 (1972)

UNITED STATES FIDELITY & GUARANTY CO., Appellant, v. Willis B. SMITH, Jr., Appellee.

Supreme Court of Arkansas.

May 15, 1972.


Attorney(s) appearing for the Case

Atchley, Russell, Hutchinson & Waldrop, by, Victor Hlavinka and Charles M. Bleil, Texarkana, Tex., for appellant.

Smith, Stroud, McClerkin & Conway, by, Willis B. Smith, Sr., and R. Gary Nutter, Texarkana, for appellee.


GEORGE ROSE SMITH, Justice.

This is an action brought by the appellee upon an automobile insurance policy which provided coverage for loss by fire but contained an exception exempting the insurance company from liability for loss caused by a mechanical breakdown or failure. At the trial the principal question—one of fact —was whether the loss fell within the main coverage or within the exception. The trial...

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