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IMPERIAL CASUALTY & INDEM. CO. OF OMAHA, NEB. v. TERRY

No. 467.

451 S.W.2d 303 (1970)

IMPERIAL CASUALTY AND INDEMNITY COMPANY OF OMAHA, NEBRASKA, Appellant, v. Ray TERRY, individually and doing business as Terry Brothers, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied March 12, 1970.

Attorney(s) appearing for the Case

Ramey, Brelsford, Flock, Devereux & Hutchins, Tracy Crawford, Mike A. Hatchell, Tyler, for appellant.

Joe Tunnell, Tyler, for appellee.

DUNAGAN, Chief Justice.

The appellee, Ray Terry, the owner of a trucking business known as Terry Brothers, brought this suit against his automobile insurer, Imperial Casualty and Indemnity Company of Omaha, Nebraska, to recover under the "malicious mischief" provision (Coverage I) of a policy of insurance covering one of his trucks, the motor of which was damaged by some foreign substance in the lubrication system allegedly placed there maliciously and willfully by...

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