Opinion
No. 6710.
Decided May 15, 1935. Rehearing overruled June 19, 1935.
Insurance.
Under a limited policy of insurance against burglary of safe, where it was shown that it was opened by manipulating the locks, and there were no marks of violence on outer door, the insurance company would not be liable.
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County.
Suit by A. Vexler against Maryland Casualty Company to recover on a safe burglary policy of insurance, for loss sustained by his safe being burglarized. Judgment of trial court in favor of plaintiff was reversed by the Court of Civil Appeals ( 66 S.W.2d 1081), and Vexler has brought error to the Supreme Court.
The case was referred to the Commission of Appeals, Section A, for their opinion thereon, and the Supreme Court adopted same and ordered judgment entered in accordance therewith.
Judgment of Court of Civil Appeals affirmed.
David Weintraub, of San Antonio, for plaintiff in error.
R. M. Mercer, of San Antonio, for defendant in error.
In the trial court, A. Vexler recovered a judgment against the Maryland Casualty Company on a burglary insurance policy covering a safe. The Court of Civil Appeals correctly reversed the said judgment and rendered judgment for the Casualty Company. 66 S.W.2d 1081. The case is controlled by the case of National Surety Company v. Volk Bros. Co., Inc., this day decided, 125 Tex. 398, 82 S.W.2d 622. The judgment of the Court of Civil Appeals herein is affirmed.
Opinion adopted by the Supreme Court May 15, 1935.
Rehearing overruled June 19, 1935.