Opinion
No. C-1581.
May 11, 1983.
Appeal from the Dallas Court of Civil Appeals, Fifth Supreme Judicial District; Whitham, J.
Appeal from District Court No. 68, Dallas County; Giles, Judge.
Craig A. Eggleston, Dallas, for petitioner.
Canterbury Elder, W. Kyle Gooch, Dallas, for respondent.
ON MOTION FOR REHEARING
This case involves exclusions in a builder's "all risk" insurance policy. The trial court granted summary judgment for the defendant insurance company, finding no coverage under the policy. The court of appeals reversed and remanded the case for trial. 638 S.W.2d 138.
Because the holding of the court of appeals is in conflict with that in Park v. Hanover Insurance Company, 443 S.W.2d 940 (Tex.Civ.App. — Amarillo 1969, no writ), we express our approval of the holding in the instant case under the provisions of Rule 483, Tex.R.Civ.P.
Rule 483 provides in part:
In cases of conflict named in subdivision 2 of Art. 1728 of the Revised Civil Statutes of Texas, as amended, the Supreme Court shall grant the application for writ of error, unless it be in agreement with the decision of the Court of Civil Appeals in the case wherein the application is filed, in which event said Supreme Court shall so state in its order, with such explanatory remarks as may be deemed appropriate.
The motion for rehearing is overruled.
ROBERTSON, J., not sitting.