Texas Supreme Court

The Travelers Indemnity Co., Petitioner v. Troy L. McKillip, Respondents

July 14, 1971469 S.W.2d 160

Summary

The Texas Supreme Court reversed and remanded the case, holding that the trial court erred in construing the policy's snowstorm exclusion and in refusing to submit a special issue to segregate damages caused by the excluded snowstorm risk. The court required proof that the loss attributable to the excluded peril be separated before recovery. Justice Pope dissented, arguing the jury's findings were sufficient.