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DALLAS FIRE INS. v. TEXAS CONTRACTORS SUR.

No. 2-01-397-CV.

128 S.W.3d 279 (2004)

DALLAS FIRE INSURANCE COMPANY, Appellant v. TEXAS CONTRACTORS SURETY & CASUALTY AGENCY, Tom Young, and Fred Thetford, Appellees.

Court of Appeals of Texas, Fort Worth.

January 22, 2004.

Attorney(s) appearing for the Case

Suchocki, Bullard & Cummings, Bernard R. Suchocki, Jerry D. Bullard, Scott A. Cummings, Fort Worth, for appellant.

Barlow & Garsek, James Lanter, Chris D. Collins, Fort Worth, for appellee.

PANEL B: CAYCE, C.J.; GARDNER and WALKER, JJ.

OPINION

ANNE GARDNER, Justice.

I. INTRODUCTION

This suit involves a dispute over commissions to be paid under an agency agreement. Appellant Dallas Fire Insurance Company appeals from a judgment awarding actual damages and attorney's fees against it under article 21.21 of the Insurance Code, based upon jury findings of misrepresentations in violation of the DTPA, and denying recovery on Dallas Fire's counterclaim against the agents for breach of...

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