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KUZNIAR v. STATE FARM LLOYDS

No. 04-98-00501-CV.

52 S.W.3d 759 (2001)

Glen KUZNIAR and Cynthia Kuzniar, Appellants, v. STATE FARM LLOYDS, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled April 25, 2001.

Attorney(s) appearing for the Case

Robert W. Loree, Law Office of Robert W. Loree, Thomas Hernandez, Law Office of Thomas Hernandez, San Antonio, for Appellant.

Barry A. Chasnoff, David R. Stephens, Jo Beth Eubanks, Ricky H. Rosenblum, Akin, Gump, Strauss, Hauer & Feld, San Antonio, for Appellee.

Sitting en banc: PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, ALMA L. LÓPEZ, Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice.

ON MOTION FOR EN BANC RECONSIDERATION

PAUL W. GREEN, Justice.

The motion for en banc reconsideration is granted. The panel opinion and judgment dated July 12, 2000 are withdrawn and the following is substituted.

* * *

In this limitations case, the insureds delayed four years before filing suit on a policy claim. The insurance policy contains a contractual two-year limitations period and, based...

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