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ALLSTATE INSURANCE COMPANY v. SMITH

No. 4876.

450 S.W.2d 957 (1970)

ALLSTATE INSURANCE COMPANY, Appellant, v. Russell Loren SMITH and Dorothy K. Smith, Appellees.

Court of Civil Appeals of Texas, Waco.

February 5, 1970.

Attorney(s) appearing for the Case

Watson & Weed, Waco, for appellant.

Haley, Fulbright, Winniford, Sessions & Bice, Waco, for appellees.

OPINION

McDONALD, Chief Justice.

This is appeal by defendant-insurance company from judgment for plaintiffs-insured, for $452.33 in suit on a "Homeowners Policy" issued plaintiff by defendant.

Plaintiffs Smith sued defendant insurance company, alleging defendant issued them a policy of insurance, insuring against loss or damage to their home located at 5118 Lake Arrowhead Drive in Waco, Texas; that on September 7, 1968 while such policy was in effect...

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