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BAILEY v. KEMPER CAS. INS. CO.

No. 06-01-00149-CV.

83 S.W.3d 840 (2002)

Carl BAILEY, Individually and on Behalf of all Others Similarly Situated, Appellants, v. KEMPER CASUALTY INSURANCE COMPANY, et al., Appellees.

Court of Appeals of Texas, Texarkana.

Decided July 11, 2002.

Attorney(s) appearing for the Case

John R. Mercy, Mercy, Carter, Tidwell & Elliott, LLP, Texarkana, James A. Holmes, Wellborn, Houston, Adkison, Mann, Sadler & Hill, L.L.P., Henderson, for appellant.

Troy A. Hornsby, Miller, James, Miller & Hornsby, LLP, Texarkana, Veronica Carmona Czuchna, Jordan & Carmona, PC, Austin, for appellee.

Before GRANT, ROSS, and CORNELIUS, JJ.

OPINION

Opinion by Justice GRANT.

Both parties appeal the order of the trial court granting class certification under Tex.R. Civ. P. 42(b)(2) and denying such certification under Tex.R. Civ. P. 42(b)(4) regarding Carl Bailey's action against numerous associated insurance companies (Kemper) for negligence, breach of contract, violation of the Texas Insurance Code, and declaratory judgment, seeking declaratory relief and statutory penalties.

Bailey...

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