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STATE FARM FIRE AND CASUALTY CO. v. COSTLEY

No. D-3488.

868 S.W.2d 298 (1993)

STATE FARM FIRE AND CASUALTY COMPANY, Petitioner, v. Andy COSTLEY and Cathy Costley, Respondents.

Supreme Court of Texas.

Rehearing Overruled September 29, 1993.

Attorney(s) appearing for the Case

Kenneth S. Carroll, Dallas, William W. Kilgarlin, Austin, for petitioner.

Ed Walton, Jeffrey W. Shell, Amarillo, for respondents.

PER CURIAM.

Cathy Costley sued Robert Costley, her father-in-law, for personalty lost in a fire which occurred on Robert's property. Robert filed a third party action against his son Andy Costley, Cathy's husband, alleging that Andy's negligence caused the fire. Andy contacted State Farm, his homeowner's policy carrier, and made a demand that it defend him in the third party action. Apparently, Andy failed to cooperate with State Farm in defending his suit, and State...

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