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ALLSTATE TEXAS LLOYDS v. MASON

No. 2-02-321-CV.

123 S.W.3d 690 (2003)

ALLSTATE TEXAS LLOYDS, Appellant, v. C. Robert MASON and Deborah Mason, Appellee.

Court of Appeals of Texas, Fort Worth.

November 26, 2003.

Attorney(s) appearing for the Case

Thompson, Coe, Cousins & Irons, L.L.P., Wade C. Crosnoe, Roger D. Higgins, Dallas, for appellant.

Bourland, Kirkman, Seidler, Evans, Jay & Michel, L.L.P., David L. Evans, Fort Worth, Boyd, Saindon & Grisham, P.L.L.C., Stephen W. Boyd, San Antonio, Robert N. Grisham II, Dallas, for appellees.

PANEL A: CAYCE, C.J.; HOLMAN, J.; and SAM J. DAY, J. (Retired, Sitting by Assignment).

OPINION

SAM J. DAY, Justice (Retired).

I. Introduction

This suit involves a dispute over whether foundation damage to appellees C. Robert Mason and Deborah Mason's house is covered under appellant Allstate Texas Lloyds's homeowners insurance policy. The policy excludes coverage for loss caused by "settling, cracking, bulging, shrinkage, or expansion of foundations, walls, floors, ceilings." Excepted from this exclusion is loss caused by "Accidental...

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