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FIDELITY & GUARANTY INS. UNDER., INC. v. GARDNER

No. 8176.

471 S.W.2d 449 (1971)

FIDELITY & GUARANTY INSURANCE UNDERWRITERS, INC., Appellant, v. Terrance Roy GARDNER et ux., Appellees.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied October 11, 1971.

Attorney(s) appearing for the Case

Crenshaw, Dupree & Milam, Cecil Kuhne, Lubbock, for appellant.

Key, Carr, Evans & Fouts, Donald M. Hunt, Lubbock, for appellees.

REYNOLDS, Justice.

Fidelity & Guaranty Insurance Underwriters, Inc., has appealed from a judgment holding it liable under its policy of insurance for the loss of a roll of carpet stolen from the insureds' premises. Affirmed.

Trial was to the court on stipulated facts and the only question presented is whether the loss is covered by the insurance policy in force at the time of the loss. Appellees purchased new carpet to replace carpet originally installed...

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