Jo Beth Warren Puckett Et. Al. Petitioners v. U.S. Fire Insurance Co. Respondent

This is a declaratory judgment action. The question presented is whether an insureds failure to have his plane inspected need be the cause of an accident in order for the insurance company to avoid liability under an aviation policy for damages resulting from that accident. The trial court held that causation was not required and rendered summary judgment for respondent, U.S. Fire Insurance Company. The court of appeals, in an unpublished opinion, affirmed. Tex. R. Civ. P. 452. We reverse the judgments of both courts and remand the cause for trial.