Employers Cas. Co. v. Onyx Refining Co.

241 S.W.2d 177, 1951 Tex. App. LEXIS 2133
CourtCourt of Appeals of Texas
DecidedMay 25, 1951
DocketNo. 2878
StatusPublished
Cited by1 cases

This text of 241 S.W.2d 177 (Employers Cas. Co. v. Onyx Refining Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Employers Cas. Co. v. Onyx Refining Co., 241 S.W.2d 177, 1951 Tex. App. LEXIS 2133 (Tex. Ct. App. 1951).

Opinion

LONG, Justice.

Employers Casualty Company, hereinafter referred. to as the insurance company, issued to Onyx Refining Company, hereinafter referred to as Onyx, a comprehensive general liability policy whereby the insurer -agreed to pay on behalf of the insured all sums which the insured should 'become legally obligated to pay as damages because of injury to or destruction of property, including the loss of use thereof caused by accident. The policy of insurance was subsequently changed by endorsement as follows:

“Exclusion of Property Damage G-159 Liability Arising from Certain Explosion and Collapse Hazards Endorsement No. 2
“It is -agreed that the policy does not apply to injury to or destruction of property arising out of operations stated in the declarations as subject to this exclusion or out of operations not described therein which are subject to this exclusion in the company’s manual and caused by (1) blasting or explosion, other than the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (2) the collapse of or structural injury to any building or structure due (a) to excavation, tunneling, pile driving, [178]*178coffer-dam work or caisson work or (b) to moving', shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof, while such operations are being performed by named insured.
“This endorsement shall be subject to all of the terms, provisions and conditions of the policy, and nothing herein contained shall vary, alter or extend any term, provision or condition of the policy except as herein specifically stated.
“This endorsement, when signed by a duly Authorized Agent of the Company, shall form a part of
“Policy No. CGL-A2-524305 Issued by the Employers Casualty Company of Dallas, Texas
“To Onyx Refining Company “and shall be effective from 12:01 A. M. Standard Time March 1, 1949.
“Signed at Abilene, Texas. Date, March 22, 1949.
“/s/ W. Lon Steffens, Authorized Agent “W. Lon Steffens.”

On or about December 14, 1949, an explosion occurred in the refinery which caused damages to property owned by third persons. A suit was filed against Onyx for damages growing out of such explosion. The insurance company declined to defend under its policy contending the risk had not covered the explosion. This suit was instituted by Onyx .against the insurance company for a declaratory judgment, adjudication of the question of coverage and for judgment that the insurance company be' held liable under the policy to defend and pay any judgments that might be obtained as result of any action brought against it by third persons for damages as result of the explosion in question. Trial was had before the court without a jury ‘and judgment was rendered holding the explosion was covered by the policy and the insurance company was obligated to defend such law suits and pay any judgments obtained against Onyx resulting from the explosion. From this judgment the insurance company has appealed.

It is admitted that on or about December 14, 1949, a large cylindrically-shaped instrumentality, used by Onyx at the refinery, known as a “vapor separator” exploded and that such explosion caused damages to property owned by third persons. It will be noted that the endorsement on the insurance policy covered explosions of “piping under pressure.” The question for determination is, whether the explosion took place in “piping under pressure.” In other words, was the “vapor separator” a part of “piping under pressure.” The trial court so found and that the policy covered the explosion.

The court filed findings of fact and conclusions of law as follows:

“Findings of Fact:
“I.
“I find that the Employers Casualty Company, defendant herein, issued to the plaintiff, Onyx Refining Company, a comprehensive general liability policy, No. CGL A2-524305, in which policy the defendant agreed to pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of injury to, or destruction of property including the loss or use thereof, caused by accident.
“II.
“I find that on or about the 14th day of December, 1949, that there was an accident at the Onyx Refinery caused by an explosion of a pressure vapor separator.
“III.
“I find that there has been a lawsuit filed against the Onyx Refining Company seeking damages to an automobile parked on the highway, alleging damage against Onyx Refining Company by reason of said accident and explosion.
“IV.
“I find that the Employers Casualty Company has denied liability under said Policy, and has refused to defend said lawsuit or any cause of action arising because of said incident.
[179]*179“V.
“I find that said policy of insurance contained the following endorsement: (said endorsement hereinabove set out)
“VI.
"The court finds that the pressure vapor separator, in which the explosion occurred, was a cylindrical steel pipe of enlarged diameter, through which there was a continuous flow of fluids or gases, under constant pressure, and was in fact a part of the piping under pressure.
“VIL
“The court further finds that the pressure vapor separator was in fact an enlarged zone in the system of piping under pressure. This vessel had an inlet in the side where hot oil vapors and liquids entered, and an outlet at the top where the gases flowed on into other parts of the piping system, and an outlet at the bottom where the liquids flowed on into other parts of said system. That such vessel was a part of the continuous hydraulic piping system operating under pressure from the time the crude oil entered into the first phase of the refining process until the raw products came to rest in the storage tanks.
“The Court finds further that this vessel operated under continuous pressure, and that the volume of liquids and vapors entering the side inlet was at all times equivalent to the sum of the volume of vapors flowing out the top, plus the liquids flowing out the bottom, and that at no time did any such liquids and vapors come to rest within the confines of this vessel.
“VIII.
“The Court finds that under the terms of the policy and of the endorsement above set out, that the policy covered explosion of piping under pressure, and that the explosion in this case was an explosion of piping under pressure.
“IX.
“The Court finds that the explosion and resultant damage therefrom was covered by the comprehensive general liability policy above referred to, and finds that such accident or risk is expressly covered under the terms of said policy.
“Conclusions of Law:
"I.

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Bluebook (online)
241 S.W.2d 177, 1951 Tex. App. LEXIS 2133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/employers-cas-co-v-onyx-refining-co-texapp-1951.