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CONTINENTAL CASUALTY COMPANY v. LOVILLE

No. 15820.

476 S.W.2d 924 (1972)

CONTINENTAL CASUALTY COMPANY, Appellant, v. Shadrack LOVILLE, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

January 20, 1972.

Attorney(s) appearing for the Case

Vinson, Elkins, Searls & Smith; Raybourne Thompson, Jr., Susan Lewis, Houston, for appellant.

Helm, Jones & Pletcher; George E. Pletcher, Houston, for appellee.

PEDEN, Justice.

Suit brought by the insured against the insurer for monthly disability payments under an accident policy. After a non-jury trial insurer appeals from judgment of the trial court awarding insured benefits for total disability from December 1, 1968 until May 1, 1971 plus attorney's fees and a penalty of 12%.

The insured's petition contained allegations that he was totally disabled when accidentally injured on November 17, 1959 and that the insurer...

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