(DOWNLOAD) "Austin Building Company v. National Union Fire Insurance Company" by The Supreme Court of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Austin Building Company v. National Union Fire Insurance Company
- Author : The Supreme Court of Texas
- Release Date : January 24, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
Austin Building Company sued National Union Fire Insurance Company to recover the damages it sustained in a fire in Kansas. Austin says the damages were covered by a builders risk insurance policy issued in its favor by the defendant. The trial court sustained Austins motion for summary judgment and rendered judgment against National Union in the sum of $8,075.00 and interest. The court of civil appeals reversed the judgment of the trial court and remanded the case for trial. 422 S.W.2d 763. Austin presents two points for decision: (1) The court of civil appeals was in error in its holding that a statement of facts developed on a former trial of the case was incompetent summary judgment proof. (2) The court of civil appeals was in error in holding that there was a disputed question of fact whether the insured property was occupied as that term was used in the policy. When the property under construction was occupied, the policy terminated according to National Union. National Union met the second point by its contention that the law of Kansas is controlling, the status of which presents at least a question of fact. National Union did not move for summary judgment and asks only that this court affirm the remand to the trial court to decide the fact question - the Kansas law. We affirm the judgment of the court of civil appeals upon that basis.
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