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TRINITY UNIVERSAL INS. CO. v. SWEATT

No. 2-97-334-CV.

978 S.W.2d 267 (1998)

TRINITY UNIVERSAL INSURANCE COMPANY, Appellant, v. Joe Edd SWEATT, Appellee.

Court of Appeals of Texas, Fort Worth.

August 27, 1998.

Attorney(s) appearing for the Case

Bishop & Hummert, Alexander N. Beard, Erik E. Ekvall, Dallas, for Appellant.

Joe Edd Sweatt, Olney, for Appellee.

Before DAY, DAUPHINOT, and BRIGHAM, JJ.

OPINION

BRIGHAM, Justice.

Appellant Trinity Universal Insurance Company appeals the trial court's dismissal of its action for declaratory judgment and attorneys' fees. We hold the trial court erred by dismissing the claims. We reverse and render in part and reverse and remand in part.

BACKGROUND

Appellee filed a claim for proceeds after a fire destroyed his insured property. When Appellee applied for the insurance policy, he represented...

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