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TEXAS FARMERS INS. CO. v. MURPHY

No. 98-0661.

996 S.W.2d 873 (1999)

TEXAS FARMERS INSURANCE COMPANY, Petitioner, v. Daisy MURPHY, Respondent.

Supreme Court of Texas.

Decided July 1, 1999.

Rehearing Overruled August 26, 1999.

Attorney(s) appearing for the Case

William J. Boyce, Stephen P. Pate, Houston, for Petitioner.

Thomas Lee Bartlett, Tom F. Coleman, Houston, for Respondent.

Justice GONZALES delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice BAKER, Justice ABBOTT, Justice HANKINSON, and Justice O'NEILL joined.

The question posed is whether an innocent spouse can recover insurance proceeds when the other co-insured spouse has intentionally destroyed the covered community property. The court of appeals based its affirmative answer on the fact that the spouses partitioned the community before the trial began.

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