Glens Falls Insurance Co., Petitioner v. C. C. Peters, Respondent

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, holding that the plaintiff waived the independent claim of constructive total loss by failing to request that issue, that the building was not conclusively a constructive total loss, that the trial court lacked authority to make factual findings on a waived independent ground, and that the plea in abatement must be sustained, remanding the case for that disposition.