NAUTILUS INS. CO. v. STEINBERG

No. 05-08-01418-CV.

316 S.W.3d 752 (2010)

NAUTILUS INSURANCE COMPANY, Appellant, v. Frances STEINBERG and Morton Rudberg, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled August 16, 2010.


Attorney(s) appearing for the Case

John C. Tollefson, Stephen A. Melendi, Tollefson, Bradley, Ball & Mitchell, L.L.P., Beth D. Bradley, Thompson, Coe, Cousins & Irons, L.L.P., Dallas, for appellant.

Morton A. Rudberg, Dallas, for appellees.

Before Justices MORRIS, MURPHY, and FILLMORE.


OPINION

Opinion by Justice MORRIS.

This appeal follows a trial before the court without a jury. Central to the appeal is the meaning of the word "theft" as used in an insurance policy that excludes "damage caused by or resulting from theft." After reviewing the record, we conclude the trial court erred in its construction of the policy and its application of the law to the facts of this case. We further conclude that, because of its incorrect construction...

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