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PEOPLES NAT. BANK OF LUFKIN v. STATE FARM FIRE & CAS. CO.

No. 09 88 178 CV.

772 S.W.2d 512 (1989)

PEOPLES NATIONAL BANK OF LUFKIN, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee.

Court of Appeals of Texas, Beaumont.

May 18, 1989.

Attorney(s) appearing for the Case

Thomas W. Deaton, Lufkin, for appellant.

William Drew Perkins, Lufkin, for appellee.

OPINION

BURGESS, Justice.

This is a summary judgment case between an insurer and a mortgagee. We reverse.

Appellant held the mortgage on the home of Ronnie and Judy Finch. On June 18, 1986, appellee issued a fire policy on the home for a one year period. A March 13, 1987 fire damaged the home. Appellee refused to pay the Finches, claiming the policy had lapsed for non-payment of premiums. Appellee also refused to pay appellant. Appellant filed suit...

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