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COMMERCIAL STANDARD INSURANCE COMPANY v. SANDERS

No. 3643.

326 S.W.2d 298 (1959)

COMMERCIAL STANDARD INSURANCE COMPANY, Appellant, v. Darl D. SANDERS, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 16, 1959.

Attorney(s) appearing for the Case

Fulbright, Crooker, Freeman, Bates & Jaworski, Jerry V. Walker, Houston, for appellant.

Vinson, Elkins, Weems & Searls, Sam W. Davis, Jr., Thomas B. Weatherly, Houston, for appellee.

WILSON, Justice.

This action involves construction and application of the following exclusion under the collision coverage of a Texas standard family automobile policy written by appellant in 1956:

"This policy does not apply * * * to loss to a non-owned automobile arising out of its use by the insured in the automobile business."

Appellee was the named insured. The policy covered his car, but provided physical damage insurance to a non-owned automobile...

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