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CU LLOYD'S OF TEXAS v. FELDMAN

No. 96-1041.

977 S.W.2d 568 (1998)

CU LLOYD'S OF TEXAS and Commercial Union Insurance Company, Petitioners, v. Stewart A. FELDMAN and wife, Marla B. Matz, Respondents.

Supreme Court of Texas.

Rehearing Overruled November 12, 1998.

Attorney(s) appearing for the Case

Larry D. Thompson, Richard Nelson Moore, Richard L. Ellison, Brad Beers, Diane M. Guariglia, Houston, for Petitioners.

Larry S. Kaplan, Dallas, John Stephen Morgan, Kent M. Adams, Ross Holiday Jones, Beaumont, Michael Ian Kahn, Callas, for Respondents.

PER CURIAM.

In this insurance case, we consider whether a court of appeals may properly render judgment on a party's liability for breach of contract without evidence of damages and when no declaratory judgment has been sought. We conclude that it cannot, and reverse that portion of the court of appeals' judgment rendering judgment in favor of Feldman.1

Stewart Feldman sued CU Lloyd's of Texas, seeking damages for Lloyd's alleged...

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