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TOONEN v. UNITED SERVICES AUTO. ASS'N

No. 04-95-00832-CV.

935 S.W.2d 937 (1996)

Maria TOONEN, Appellant, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellee.

Court of Appeals of Texas, San Antonio.

November 27, 1996.

Attorney(s) appearing for the Case

Steven R. Saindon, San Antonio, for appellant.

Pamela G. Matthews, Barry A. Chasnoff, Richard B. Hendin, Akin, Gump, Strauss, Hauer & Feld, L.L.P., San Antonio, for appellee.

Before LÓPEZ, GREEN and DUNCAN, JJ.

OPINION

DUNCAN, Justice.

Maria Toonen appeals a summary judgment granted in favor of United Services Automobile Association (USAA). We affirm.

BACKGROUND

From December 13, 1993 through December 13, 1994, USAA insured Toonen's home pursuant to a Texas Homeowners Policy. The Policy contained an appraisal clause, which provided:

If you and we fail to agree on the actual cash value, amount of loss or the cost of repair or replacement...

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