Providence Washington Ins. Co. v. Levy
Providence Washington Ins. Co. v. Levy
Opinion of the Court
The only issue necessary to be passed upon in this case is as to the con-# stitutionality of the act of the Thirty-Third Legislature (chapter 105, page 194) which is assailed upon the ground that the same is violative of article 3, § 35, of the Constitution of this state, and which reads as follows:
“No bill * * * shall contain more than one subject which shall be expressed in its title.”
The caption of the bill referred to reads as follows:
“An act to prevent fire insurance companies from avoiding liability for loss and damage to personal property under technical and immaterial provisions of the policy or contract of insurance where the áct breaching such provision has not contributed to bring about the loss, and declaring an emergency.”
The 'act is as follows:
“Be it enacted by the Legislature of the state of Texas:
“Section 1. That no breach or violation by the insured of any of the warranties, conditions or provisions of any fire insurance policy, contract of insurance, or application therefor, upon personal property, shall render void the policy or contract, or constitute a defense to a suit for loss thereon, unless such broach or violation contributed to bring about the destruction of the property.
“Sec. 2, That the provisions hereof shall in no way affect or repeal the provisions of article 4874 of the Revised Civil Statutes of 1911 in so far as the same relates 'to fire insurance policies upon real or mixed property.
“Sec. 3. Whereas, under the existing laws, insurance policies and contracts may be defeated upon purely technical provisions and defenses that in no way affect the merits of the claim against the insurance company, and such defenses have been upheld to the extent of making it almost impossible for an insurance policy upon personal property to be collected by suit, creates an emergency and imperative public necessity that the constitutional rule requiring bills to be read of three several days in each house be suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.”
“While this has been regarded as the settled rule of construction here, in its application the most liberal [rule of] construction has been given by the Supreme Court of this state, in accordance with the general current of authority, to make the whole law constitutional where the part objected to as infringing this provision of the Constitution could be considered as appropriately connected with or subsidiary to the main object of the act as expressed in the title, which may be seen by reference to a number of cases that have been decided pro and con, involving this question. Cannon v. Hemphill, 7 Tex. 208; Parker v. Parker, 10 Tex. 86; Robinson v. State, 15 Tex. 312; Tadlock v. Eccles, 20 Tex. 792 [73 Am. Dec. 213]; State v. Shadle, 41 Tex. 404; Breen v. T. P. R. Co., 44 Tex. 302.”
Eor the reasons stated, the judgment of the trial court is affirmed.
Affirmed.
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Reference
- Full Case Name
- Providence Washington Ins. Co. v. Levy & Rosen
- Cited By
- 2 cases
- Status
- Published