American Central Ins. Co. v. Buchanan-Vaughan Auto Co. , 256 S.W. 610 ( 1923 )

On Motion for a Rehearing.

While the correctness of our findings of fact made in this case is assailed in the motion for a rehearing, we have discovered no occasion to change them.

Appellant now urges for the first time the argulnent that to hold the policy sued on a valid and enforceable contract is to ignore' the ratings made by the Commission of Eire Insurance in this state. It is contended, in substance, that fire insurance companies now have no authority to fix rates different from those prescribed by the Commission. The record contains no evidence of what rate had been fixed for automobile insurance by the Commission in this instance. The policy sued on was for insurance against both fire and theft, and presumably did not carry the same legal rating that would be fixed for fire insurance alone. By provisions of article 4876a of the Vernon’s Sayles’ Revised Civil Statutes 1914, the Commission fixes only the maximum rates to be charged for fire insurance. The statute permits the companies in writing fire insurance to charge less than the rate fixed by the Commission if they wish to do so.

The motion is overruled.