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NORMAN v. STATE FARM FIRE & CAS. CO.

No. 86-2568. Summary Calendar.

804 F.2d 1365 (1986)

Claude NORMAN, et al., Plaintiff, Eloise Norman, Plaintiff-Appellant, v. STATE FARM FIRE & CASUALTY CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 2, 1986.

Attorney(s) appearing for the Case

James P. Thompson, Houston, Tex., for Eloise Norman.

Fulbright & Jaworski, Katherine D. Hunt, Houston, Tex., for defendant-appellee.

Before GEE, JOLLY, and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

This curious appeal presents issues arising from the destruction, by arson of the husband, of a married couple's insured residence.1 The structure was community property. The fire insurance carrier denied liability and, at the ensuing trial, the jury found that Norman intentionally burned the house. In reliance on the apparently settled Texas law that neither spouse could recover insurance proceeds when either of them deliberately...

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