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DAMIOLINI v. INS. CO. OF NORTH AMERICA

No. 1158.

555 S.W.2d 137 (1977)

August M. DAMIOLINI, Appellant, v. INSURANCE COMPANY OF NORTH AMERICA and Central Power and Light Company, Appellees.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied August 31, 1977.

Attorney(s) appearing for the Case

Philip M. Westergren, Westergren & Westergren, Corpus Christi, for appellant.

Ronald B. Brin, Maddin, White & Brin, George G. Brin, Dyer, Redford, Burnett, Wray & Woolsey, Corpus Christi, for appellees.

OPINION

YOUNG, Justice.

Alleging a claim for compensation under a group disability insurance policy, August M. Damiolini filed suit against the Insurance Company of North America and Central Power and Light Company for the breach of the policy owned by CPL and issued by INA. Damiolini, as an employee of CPL, was a third party beneficiary.

The case proceeded to trial before a jury. After all parties had closed, the trial court granted CPL's motion...

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