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FOSTER v. COMMERCIAL UNION ASSURANCE CO.

No. 7537.

373 S.W.2d 395 (1963)

L. R. FOSTER, Appellant, v. COMMERCIAL UNION ASSURANCE CO., Ltd., Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied December 10, 1963.

Attorney(s) appearing for the Case

R. Philip Schulze, Jr., Houston, for appellant.

L. G. Kratochvil and T. G. Schirmeyer, Houston, for appellee.

DAVIS, Justice.

Plaintiff-appellant sued defendant-appellee to recover damages that resulted from the sinking of his boat, or yacht, the M/V Nataco, under the terms of an insurance policy. The boat, or yacht, was a thirty-two foot Chris-Craft Cruiser. The policy issued February 1, 1960, provided in part as follows:

"* * * "Coverage. (1) Hull insurance, as per Section `A'. Amount of insurance $9,500.00. Agreed valuation $9,500.00, Rate $1.80, Premium...

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