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IN RE FOREMOST COUNTY MUTUAL INS. CO.

No. 09-05-122 CV.

172 S.W.3d 128 (2005)

In re FOREMOST COUNTY MUTUAL INSURANCE COMPANY and Jim Doland.

Court of Appeals of Texas, Beaumont.

Decided August 11, 2005.

Attorney(s) appearing for the Case

E. John Gorman, Bradford W. Irelan, Irelan Hargis PLLC, Houston, for relators.

E. Hart Green, Weller, Green, Toups & Terrell, LLP, Beaumont, for real party in interest.

Before McKEITHEN, C.J., GAULTNEY and HORTON, JJ.

OPINION

PER CURIAM.

This mandamus proceeding arises from an insurance company's denial of a fire loss claim made under a homeowner's insurance policy. The company denied the policyholder's claim after he refused to submit to an examination under oath. The company sought an abatement of the underlying suit to obtain the examination. After the trial court denied the company's plea in abatement, the company petitioned this Court for a writ of mandamus. The...

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