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LOWE v. EMPLOYERS CASUALTY COMPANY

No. 17292.

479 S.W.2d 383 (1972)

Melissa Arby LOWE, Ind. and as Guardian of Estates of Laura Lee Lowe and Harlan Dale Lowe, et al., Appellants, v. EMPLOYERS CASUALTY COMPANY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 5, 1972.

Attorney(s) appearing for the Case

Thompson, Knight, Simmons & Bullion, and George C. Chapman, and Carl B. Lee, Dallas, for appellants.

Nelson, Sherrod, Carter & Oldham, and Eugene Sherrod, Jr., Wichita Falls, for appellee.

OPINION

BREWSTER, Justice.

This is an appeal from a summary judgment. The plaintiff herein, Employers Casualty Company, had issued a liability insurance policy to the defendants, Henry Culpepper and Raymond D. Branch, d/b/a A. C. Construction Company, by the terms of which plaintiff agreed: "To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury, sickness or disease, including...

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