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STATE FARM MUT. AUTO. INS. COMPANY v. KELLY

No. 03-96-00491-CV.

945 S.W.2d 905 (1997)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Joel KELLY, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 19, 1997.

Attorney(s) appearing for the Case

Linette H. Harris, Wright & Greenhill, P.C., Austin, for appellant.

Donna J. Bowen, Slack & Davis, L.L.P., Austin, for appellee.

Before CARROLL, C.J., and ABOUSSIE and B.A. SMITH, JJ.

BEA ANN SMITH, Justice.

The issue presented is whether the confiscation of a stolen vehicle by state authorities is an "accidental loss" under the insurance policy issued by State Farm Mutual Automobile Insurance Company, appellant, to Joel Kelly, appellee. After a bench trial on stipulated facts, the trial court rendered judgment in favor of Mr. Kelly. State Farm appeals, contending the trial court erred because: (1) Kelly's vehicle was not a "covered auto" under...

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