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TRAVELERS PERSONAL SEC. v. MCCLELLAND

No. 01-05-00093-CV.

189 S.W.3d 846 (2006)

TRAVELERS PERSONAL SECURITY INSURANCE COMPANY, Appellant, v. Douglas and Rosalind McCLELLAND, Appellees, Douglas and Rosalind McClelland, Appellants, v. Travelers Personal Security Insurance Company, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

January 19, 2006.

Attorney(s) appearing for the Case

Eva C. Ramos, J. Hampton Skelton, Skelton & Woody, Austin, John Chadwick Gauntt, Gauntt & Kruppstadt, L.L.P., The Woodlands, for appellant.

Paul E. Anderson Jr., James B. Lewis, Robert Wayne Hildebrand, Jason R. Bernhardt, Miller, Lewis & Davenport, P.C., Houston, for appellees.

Panel consists of Justices NUCHIA, JENNINGS, and HIGLEY.

OPINION

SAM NUCHIA, Justice.

After Travelers Personal Security Insurance Company ("Travelers") denied Douglas and Rosalind McClelland's ("the McClellands") claim, the McClellands filed suit alleging violations of the Texas Insurance Code, the Deceptive Trade Practices Act, and common law breach of contract. The jury returned a verdict, finding that plumbing leaks, which were covered under the McClellands' insurance policy, had caused eighty percent of the...

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