CONTINENTAL NAT. AM. CO., LTD. v. GAULDIN

No. 20114.

594 S.W.2d 793 (1980)

CONTINENTAL NATIONAL AMERICAN COMPANY, LTD., Appellant, v. James David GAULDIN, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 28, 1980.


Attorney(s) appearing for the Case

Beverly Martin, McCracken, Shields & Taylor, Carrollton, for appellant.

William F. Billings, Dallas, for appellee.

Before AKIN, STOREY and HUMPHREYS, JJ.


STOREY, Justice.

Continental National American Company, Ltd., the insurer, has appealed from a judgment in favor of its insured, James David Gauldin, complaining that the loss sued for was not covered because at the time of loss the insured had breached a warranty contained in its policy. We hold that, under the facts of this case, no breach of warranty is shown and, therefore, affirm the trial court's judgment.

The policy insured a boat, motor and trailer...

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