Legrand v. Niagara Fire Insurance Co.

OPINION ON MOTION FOR REHEARING

BILL BASS, Justice.

Our opinion dated April 30, 1987, is withdrawn, and the following substituted. This is an appeal from a judgment denying a bill of review. We reverse the judgment of the trial court and remand with instructions that the court dismiss the action.

Appellant Sammy D. Little was the insured under a standard homeowners policy issued by Niagara Fire Insurance Company. Among the provisions in the policy was the declaration by Little that the insured premises were the only premises where Little or his spouse maintained a residence. The policy also…