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FILLEY v. OHIO CAS. INS. CO.

No. 13-89-294-CV.

805 S.W.2d 844 (1991)

George FILLEY, Jr. and Wife, Mary Filley, Appellants, v. OHIO CASUALTY INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled March 14, 1991.

Attorney(s) appearing for the Case

O.F. Jones, III, Victoria, for appellants.

John Bevil, New Braunfels, for appellee.

Before SEERDEN, UTTER and KENNEDY, JJ.

OPINION

SEERDEN, Justice.

This is a suit on a liability insurance policy. Appellants, George Filley, Jr. and Mary Filley sued Lindy Matthews d/b/a Alinco Construction Company for negligence, seeking recovery for damage to their building resulting from Matthews' demolition work on adjacent property. After suit was filed, Matthews could not be located. He was served by publication and the Filleys obtained a default judgment against him. Appellants then sued...

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