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EAGLE STAR INSURANCE COMPANY v. SMITH

No. 7218.

365 S.W.2d 23 (1963)

EAGLE STAR INSURANCE COMPANY, Ltd., Appellant, v. Mrs. A. L. SMITH, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied February 25, 1963.

Attorney(s) appearing for the Case

Key, Carr, Carr & Clark, Lubbock, for appellant.

Calloway Huffaker and Harold Green, Tahoka, for appellee.

DENTON, Chief Justice.

Mrs. A. L. Smith, appellee, brought this suit to recover on a fire insurance policy issued by the Eagle Star Insurance Company. Both parties filed motions for summary judgment. After considering the pleadings, affidavits and depositions, the trial court granted Mrs. Smith's motion for summary judgment and the insurance company perfected this appeal. The primary question to be determined is whether or not Mrs. Smith had an insurable interest...

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