BENHAM, Judge.
Appellant issued a policy of fire insurance to appellee, and the house insured under the policy burned on May 5, 1985. Appellee brought suit against appellant under the policy on September 6, 1985, but dismissed that suit without prejudice on May 22, 1986. Another suit, purporting to be a renewal of the first, was brought in another county on July 21, 1986. Both parties subsequently moved for summary judgment. This appeal is from the denial of appellant...
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