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NATIONWIDE MUT. INS. CO. v. TOMAN

No. 04-82-00263-CV.

660 S.W.2d 574 (1983)

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. Betty Anna TOMAN, Appellee.

Court of Appeals of Texas, San Antonio.

October 19, 1983.

Attorney(s) appearing for the Case

Thomas H. Crofts, Jr., Groce, Locke & Hebdon, San Antonio, for appellant.

Adam T. Serrata, San Antonio, for appellee.

Before CADENA, C.J., and BUTTS and DIAL, JJ.

OPINION

BUTTS, Justice.

Nationwide Mutual Insurance Company appeals from a take nothing judgment in favor of Betty Anna Toman, appellee. Nationwide based its suit upon a "release and trust agreement" executed by Toman, the insured, when Nationwide paid her claim arising from an automobile accident. It alleged that Toman received from another insurance company the sum of $9,500.00 for the same claim arising from the automobile accident; the sum, therefore...

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