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ADRIAN ASSOCIATES, ETC. v. NATIONAL SUR. CORP.

No. 21125.

638 S.W.2d 138 (1982)

ADRIAN ASSOCIATES, GENERAL CONTRACTORS, Appellant, v. NATIONAL SURETY CORPORATION, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied August 16, 1982.

Attorney(s) appearing for the Case

W. Kyle Gooch, Canterbury & Elder, Dallas, for appellant.

Craig Eggleston, Thompson, Coe, Cousins & Irons, Dallas, for appellee.

Before ROBERTSON, CARVER and WHITHAM, JJ.

WHITHAM, Justice.

Appellant, Adrian Associates, General Contractors, appeals from a summary judgment in favor of Appellee, National Surety Corporation. Because we agree with the Contractor that the phrase "water below the surface of the ground" as used in the underground water exclusion in an all risks insurance policy does not include water from an artificial source, we reverse and remand.

Due to the rupture of an underground water main owned by a municipality...

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