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STATE & COUNTY MUT. FIRE INS. CO. v. MACIAS

No. 02-0833.

133 S.W.3d 271 (2004)

STATE AND COUNTY MUTUAL FIRE INSURANCE COMPANY v. Santos MACIAS and Patricia M. Macias.

Supreme Court of Texas.

February 13, 2004.

Attorney(s) appearing for the Case

Robert Lee Galloway, Thompson & Knight LLP, Houston, for State and County Mutual Fire Insurance Company.

David Casso, Flores Casso & Pettitt, Francisco J. Rodriguez, Rodriguez Tovar & De Los Santos, L.L.P., McAllen, for Patricia M. Macias.

Christopher A. Kesler, Bruce B. Kemp, Kemp & Kesler, L.L.P., Sylvia Davidow, George M. Fleming, Anita F. Kawaja, Fleming & Associates, L.L.P., Houston, Keith M. Jensen, Law Office of Keith M. Jensen, P.C., Fort Worth, for Santos Macias.

PER CURIAM.

The sole issue presented for our review in this case is whether State and County Mutual Fire Insurance Company must compensate the Maciases, its insureds, for their vehicle's diminished market value when the car was damaged but fully repaired. The court of appeals held that diminished-value damages were recoverable under the policy, and affirmed the trial court's partial summary judgment and declaratory judgment in favor of the Maciases.

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