DiGrazia v. Atlantic Mutual Insurance

OPINION

ROSS, Justice.

Joseph J. DiGrazáa and Thomas J. DiGra-zia appeal from a summary judgment granted in favor of Atlantic Mutual Insurance Company. We sever and affirm the summary judgment as to the appellants’ DTPA and Insurance Code claims, but reverse the summary judgment on the appellants’ fraud claim and remand for trial.

Many of the facts of this case were set out in a previous opinion of this Court. DiGrazia v. Old, 900 S.W.2d 499 (TexApp.-Texarkana 1995, no writ). The appellants owned a two-year-old thoroughbred filly, Greatmate, which they delivered to Ray Shumake’s racehorse…