No. 10-93-163-CV.

876 S.W.2d 200 (1994)

TRUCK INSURANCE EXCHANGE, Appellant, v. E.H. MARTIN, INC., Individually and d/b/a E & M Construction Co.; Ernest Martin, Individually and d/b/a Ernest Martin Trucking Co.; and Terry J. Lawley, Appellees.

Court of Appeals of Texas, Waco.

Rehearing Denied June 8, 1994.

Attorney(s) appearing for the Case

Julia F. Pendery, Cowles & Thompson, P.C., Dallas, TX, for appellant.

William J. Collins, III, and Michael C. Falick, Kirkendall & Collins, Houston, TX, for appellees.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.


VANCE, Justice.

Truck Insurance Exchange (Truck) appeals the trial court's denial of a summary judgment in its favor and the granting of a summary judgment to Appellees, defendants below, (collectively Martin). The case involved an insurance coverage dispute arising from Truck's alleged cancellation of Martin's commercial automobile policy for non-payment of premiums effective May 31, or alternatively June 20, both dates prior to the automobile accident...

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