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TYLER CAR v. EMPIRE FIRE & MARINE INS. CO.

No. 12-98-00234-CV.

2 S.W.3d 482 (1999)

TYLER CAR & TRUCK CENTER, Appellant, v. EMPIRE FIRE & MARINE INSURANCE COMPANY and Empire Indemnity Insurance Company, Appellees.

Court of Appeals of Texas, Tyler.

Rehearing Overruled September 15, 1999.

Attorney(s) appearing for the Case

M. Keith Dollahite, Tyler, for appellant.

Rex W. Dwyer, Benton J. Barton, Dallas, for appellee.

Panel consisted of RAMEY, Jr., C.J., HADDEN, J., and WORTHEN, J.

HADDEN, Justice.

Appellant Tyler Car and Truck Center ("the dealer") sued Appellees, Empire Fire and Marine Insurance Company and Empire Indemnity Insurance Company ("the insurance company"), to recover for damages to an automobile under the physical damage coverage of its insurance policy. The trial court found that the vehicle was not a "covered auto" under the policy and rendered judgment for the insurance company. The dealer brings four issues on appeal. We will...

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