MILLERS CAS. INS. CO. OF TEXAS v. LYONS

No. 11-89-039-CV.

798 S.W.2d 339 (1990)

The MILLERS CASUALTY INSURANCE COMPANY OF TEXAS, Appellant, v. Golda A. LYONS, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Overruled November 29, 1990.


Attorney(s) appearing for the Case

Scott P. Stolley, Leo John Jordan, Thompson, Coe, Cousins & Irons, Dallas, for appellant.

Steve Sumner, Brian Bethune, Kyle A. Morrow, Sumner & Schick, Dallas, Christine Karol Roberts, Carona Del Mar, Cal., for appellee.


OPINION

McCLOUD, Chief Justice.

Golda Lyons sued her insurer, The Millers Casualty Insurance Company of Texas, on an insurance contract and for unfair claims settlement practices. Lyons alleged that her home was damaged on April 29, 1984, as a result of a windstorm. Millers answered that the damages were caused by "settling, cracking, bulging, shrinkage, or expansion" of the foundation, a condition excluded by the policy of insurance. The jury found that...

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