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NATIONWIDE MUT. INS. CO. v. HOLMES

No. 04-91-00263-CV.

842 S.W.2d 335 (1992)

NATIONWIDE MUTUAL INSURANCE COMPANY d/b/a Nationwide Insurance Company, Appellant, v. Peter F. HOLMES, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied December 10, 1992.

Attorney(s) appearing for the Case

Melvin A. Krenek, Melvin A. Krenek & Associates, San Antonio, for appellant.

R. Wes Johnson, Michael A. Chovanec, Chovanec & Johnson, Inc., San Antonio, for appellee.

Before REEVES, C.J., and BUTTS and GARCIA, JJ.

OPINION

REEVES, Chief Justice.

This appeal challenges a judgment against an insurance company that is based on a Stowers1 cause of action and the Deceptive Trade Practices Act (DTPA).

The appellee asserts in a cross-point that the trial court erred by not awarding him mandatory statutory damages under Section 17.50(b)(1) of the DTPA since he was awarded actual damages.

FACTS

Dr. Peter Holmes,...

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