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INSURANCE CO. OF NO. AMER. v. FIRE INSURANCE EXCH.

No. 5396.

525 S.W.2d 44 (1975)

INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. FIRE INSURANCE EXCHANGE, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 24, 1975.

Attorney(s) appearing for the Case

Thompson, Coe, Cousins & Irons, Larry L. Gollaher, Dallas, for appellant.

Touchstone, Bernays & Johnston, Porter K. Johnston, Dallas, for appellee.

HALL, Justice.

Gene Burks owns and operates a restaurant in Royse City, Texas, known as "Burks Barn." The appellee, Fire Insurance Exchange (hereinafter called "F.I.E.") began insuring the restaurant against fire loss in June, 1968. The premiums were paid monthly by Burks. From time to time, as he enlarged the place, Burks would increase his coverage. On September 18, 1971, Burks increased the fire insurance on the building...

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