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CONTINENTAL INS. CO. v. HODGES

No. 75-340.

534 S.W.2d 764 (1976)

CONTINENTAL INSURANCE CO., Appellant, v. David A. HODGES and Kaneaster Hodges, Jr., Appellees.

Supreme Court of Arkansas.

April 5, 1976.

Attorney(s) appearing for the Case

Barrett, Wheatley, Smith & Deacon, Jonesboro, for appellant.

George Proctor, Augusta, for appellees.

BYRD, Justice.

The sole issue on this appeal by Continental Insurance Company is whether, under the terms of a liability insurance policy, it is obligated to defend appellees David A. Hodges and Kaneaster Hodges, Jr. in an action brought against them for allegedly casting surface water upon their neighbor's property.

The policy provides:

"The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay...

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