HARDWARE M. CAS. CO. v. BUCK'S TRI-STATE IRR. E. CO., INC.

No. 8387.

500 S.W.2d 897 (1973)

HARDWARE MUTUAL CASUALTY COMPANY, Appellant, v. BUCK'S TRI-STATE IRRIGATION ENGINE CO., INC., Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied November 12, 1973.


Attorney(s) appearing for the Case

Crenshaw, Dupree & Milam, Cecil C. Kuhne and J. Orville Smith, Lubbock, for appellant.

Blanchard, Clifford, Sims & Kidd, John C. Sims, Lubbock, for appellee.


ELLIS, Chief Justice.

In this appeal, the insurer-appellant challenges the trial court's judgment in favor of the insured-appellee on the grounds that (1) the appellee's loss of the particular personal property was excluded from coverage under the policy provisions; or (2) in the event of liability, recovery should be reduced in accordance with the pro rata reduction provisions of the policy because of appellee's failure to include this property in its total value...

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