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COMMONWEALTH COUNTY MUTUAL INS. CO. v. BURCH

No. 7053.

440 S.W.2d 410 (1969)

COMMONWEALTH COUNTY MUTUAL INSURANCE COMPANY, Appellant, v. Albert Daniel BURCH, Appellee.

Court of Civil Appeals of Texas, Beaumont.

April 3, 1969.

Attorney(s) appearing for the Case

Orgain, Bell & Tucker, Beaumont, for appellant.

Earl B. Stover and Lee Roger Ratliff, Silsbee, for appellee.

PARKER, Chief Justice.

Commonwealth County Mutual Insurance Company sued Albert Daniel Burch for a declaratory judgment to cancel or rescind an automobile insurance policy, tendering and depositing into the registry of the court the insurance premium charged, i. e. $173.00, alleging there was a loss prior to the time the policy was in fact issued. Burch filed a cross-action to recover under the policy, alleging in his verified pleading the market value of the automobile...

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