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CHUBB LLOYDS INS. CO. OF TEXAS v. KIZER

No. 2-96-093-CV.

943 S.W.2d 946 (1997)

CHUBB LLOYDS INSURANCE COMPANY OF TEXAS, Appellant, v. Terrie KIZER, Appellee. Kris KIZER and Terrie Kizer, Appellants, v. CHUBB LLOYDS INSURANCE COMPANY OF TEXAS, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled May 22, 1997.

Attorney(s) appearing for the Case

Russell W. Schell, John K. Vaughan, Pamela J. Touchstone, Schell, Beene & Vaughan, L.L.P., Dallas, Richard L. Arnold, Law Offices of Richard L. Arnold, Dallas, Michael Sean Quinn, Austin, for Appellant.

Richard L. Arnold, Law Offices of Richard L. Arnold, Dallas, Michael Sean Quinn, Austin, Russell L. Schell, John K. Vaughan, Pamela J. Touchstone, Schell, Beene & Vaughan, L.L.P., Dallas, for Appellee.

Before CAYCE, C.J., and DAY and BRIGHAM, JJ.

OPINION

DAY, Justice.

In this case, we consider whether we should extend the Texas Supreme Court's holding in Kulubis, that an innocent spouse can recover for separate property when the other spouse intentionally burned the family home, to cover an innocent spouse's share of community property. See Kulubis v. Texas Farm Bureau Underwriters Ins. Co., 706 S.W.2d 953, 955 (Tex.1986). The Fifth Circuit Court...

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