District Court, W.D. Texas February 19, 1963, Civ. A. No. 3140 (Kane v. St. Paul Fire & Marine Insurance)

SPEARS, Chief Judge.

This is a summary judgment case. Plaintiffs, who are residents of Texas, on or about August 20,1957 purchased from defendant, an out-of-state corporation, a comprehensive dwelling insurance policy to insure their residence for a term of three years against “all risks of physical loss”, except for certain exclusions, among which are the following:

“Loss by termites or other