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  5. 589 S.W.2d 725 (1979)
 

MILES v. ROYAL INDEM. CO.

No. 1381.

589 S.W.2d 725 (1979)

Charles MILES, Appellant, v. ROYAL INDEMNITY COMPANY and Clyde Hoke, Appellees.

Court of Civil Appeals of Texas, Corpus Christi.

Opinion on Motion for Rehearing October 22, 1979.

Rehearing Denied November 15, 1979.

Attorney(s) appearing for the Case

Melvin A. Krenek, Beckmann, Stanard & Olson, San Antonio, for appellant.

Thomas M. Andrews, Aransas Pass, for appellee; Charles W. Kelly, Ross, Griggs & Harrison, Houston (on rehearing).

OPINION

NYE, Chief Justice.

This is a suit brought by the insured boat owner, Charles E. Miles, against the insurer, Royal Indemnity Company, to recover the cost of repairs to his pleasure boat which sank at her moorings. Royal Indemnity defended under the "unseaworthiness" exclusion in the "all risks" yacht insurance policy. The jury answered special issues in favor of the boat owner, Miles. The trial judge however, granted the insurance company's motion...

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