Millers Mutual Fire Insurance Co. of Texas v. Hensley

414 S.W.2d 488, 1967 Tex. App. LEXIS 2804
CourtCourt of Appeals of Texas
DecidedApril 21, 1967
DocketNo. 16824
StatusPublished
Cited by1 cases

This text of 414 S.W.2d 488 (Millers Mutual Fire Insurance Co. of Texas v. Hensley) 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
Millers Mutual Fire Insurance Co. of Texas v. Hensley, 414 S.W.2d 488, 1967 Tex. App. LEXIS 2804 (Tex. Ct. App. 1967).

Opinion

OPINION

RENFRO, Justice.

The defendant, The Millers Mutual Fire Insurance Company of Texas, appellant, succinctly states the nature and result of the case as follows, “This is a suit on the contents coverage portion of a Texas Standard Fire Insurance Policy originally issued to another person. Appellant contended that the endorsement adding the Appellee’s name to the policy did not provide contents coverage to the Appellee, that the policy was canceled before the loss, and other matters. The Court ruled against Appellant and submitted only value issues to the jury, and in [490]*490due course gave judgment to Appellee for $5,000.00.”

In its first two points of error defendant contends: (1) The endorsement providing insurance coverage to Floyd Hensley is clear and unambiguous in its terms and does not provide any coverage to the appellee for loss or damage to the household goods at the premises in question, and the trial court erred in ruling that it did provide such coverage. (2) As a matter of law, and under the proper rules of construction applicable to this case, the endorsement issued by the Gambill Insurance Agency which was attached to The Millers Mutual Fire Insurance Company policy does not provide coverage to Floyd Hensley for damage to household goods, and the court erred in ruling that it did cover.

On January 12, 1962, the fire policy was issued to M. M. Stuart. The policy covered building and contents on a farm in Denton County. Attached to and made a part thereof was Farm and Ranch Form No. 81. The policy provided coverage of $24,000.00 on the dwelling while occupied by owner, and $5,000.00 on household goods while in the main dwelling.

On March 10, 1964, Stuart and plaintiff Hensley executed a contract of sale of the real property owned by Stuart.

At the time of the execution of the above contract of sale, according to plaintiff, der fendant’s agent agreed to a General Change Endorsement after plaintiff’s attorney told her, “ * * * that you wanted it fixed to where Mr. Stuart had protection, still had protection while he was in that house, and therefore that when we moved, we moved in with protection where that we wouldn’t have to call and notify anybody, that we would be immediately, protected.” His evidence was disputed. Anyway, as of March 10, 1964, defendant issued its General Change Endorsement, which read, material here:

“General Change Endorsement
“Form No. 77 “Effective “June 1, 1944
“Attached to and forming part of Policy No.. 308 39 92 of the Millers Mutual Fire Insurance Company of Fort Worth, Texas, issued at its Denton, Texas Agency.
“Dated 1-12-62 Gambill Insurance Agency
“By: Mary Jo Fowler, Agents
“Insured M. M. Stuart
“Other conditions remaining the same, this Policy is amended as of March 10, 1964, as follows: It is understood and agreed the named insured is hereby amended to read: M. M. Stuart and Floyd Hensley, the property having been sold under contract, and the policy insures the respective interests of the said M. M. Stuart and Floyd Hensley in the dwelling hereby insured.
“Location 6 miles SE from Denton, Texas
“Lot Block Map Page File No. Occupancy Owner
“Property Insured Farm Schedule — Dwelling and Household Goods (State whether Building, Household Goods, Stock, Furniture, Fixtures and/or Machinery, or Contents, and whether Specific or Blanket * * *)
“Prescribed by The State Board of Insurance.”

[491]*491It is undisputed that on the date of the fire Stuart had no household goods in the house. It is undisputed that Hensley, plaintiff, had moved in the house and had his household goods therein. Defendant paid plaintiff for loss of the dwelling, but claimed it had no coverage on the household goods; hence this suit by plaintiff.

Referring to the General Change Endorsement, defendant argues that the “words of change” or the “active” words contained on the endorsement clearly mean that the “property” was sold under contract, and the “policy insures the respective interest of the said M. M. Stuart and Floyd Hensley in the dwelling hereby insured”; that the words “household goods”, appearing on the line “Property Insured”, are merely a recitation, and the active words, or words of change, follow the statement “Other conditions remaining the same”; that the endorsement is clear in its coverage of the dwelling only; that plaintiff purchased an interest in the real property only and had no insurable interest in the contents of the dwelling; that, considering the words used, the subject matter to which they relate, and the matters naturally or usually incident to the issuance of the endorsement, it is apparent that the evident intent was to cover the dwelling only.

Contracts of insurance are to be construed as other contracts. Ordinarily, all parts of the contract are to be taken together, and such meaning will be given to them as will carry out and effectuate to the fullest extent the intention of the parties. General American Indemnity Company v. Pepper, 161 Tex. 263, 339 S.W.2d 660 (1960); United American Insurance Company v. Selby, 161 Tex. 162, 338 S.W.2d 160 (1960).

The original policy was delivered by Stuart to plaintiff. In the original policy part of the coverage was shown to be “2. $5,000.00 on Household Goods, while in the above described Main Dwelling.”

In our opinion the trial court properly construed the policy and endorsement to afford coverage to plaintiff’s household goods. Thé policy issued to Stuart afforded coverage on household goods. The endorsement made plaintiff a “named insured.”

The policy in which he was made a named insured covered the main dwelling while occupied by the owner and covered household goods of the named insured while located in the main dwelling. Neither the policy nor the endorsement excluded coverage of household goods.

Under the “Property Insured” line, on which defendant had typed “Farm Schedule —Dwelling and Household Goods,” was the instruction, “State whether Building, Household Goods, Stock, Furniture, Fixtures and/or Machinery, or Contents, and whether Specific or Blanket.” Thus, as stated by plaintiff, the instructions for typing the description of the property specifically mentioned household goods. As stated previously, the words “Household Goods” were typed above the mentioned instruction.

We agree with plaintiff that the wbrds of the policy and of the General Change Endorsement show clearly and without ambiguity that plaintiff had coverage on his household goods from the time he moved the goods into the dwelling.

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Bluebook (online)
414 S.W.2d 488, 1967 Tex. App. LEXIS 2804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/millers-mutual-fire-insurance-co-of-texas-v-hensley-texapp-1967.