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TAYLOR v. COLONIAL SAVINGS ASS'N

No. 16545.

533 S.W.2d 61 (1975)

Waymon Joel TAYLOR, Appellant, v. COLONIAL SAVINGS ASSOCIATION, Appellee.

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

Rehearing Denied February 12, 1976.

Attorney(s) appearing for the Case

Hicks, Hirsch, Glover & Cochran, Iris Hefter Robinson, Houston, for appellant.

Vinson, Elkins, Searls, Connally & Smith, Frank C. Gibbs, III, Houston, for appellee.

ON MOTION FOR REHEARING

PEDEN, Justice.

We withdraw the opinion we filed on November 6, 1975, in this case and substitute this opinion for it.

The plaintiff, Waymon Taylor, appeals from the entry of a judgment notwithstanding the verdict. Colonial Savings, his mortgagee, had obtained a fire insurance policy on the mortgaged property at Taylor's expense, as authorized by the deed of trust, and Taylor sued Colonial, alleging that it negligently failed...

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