Trinity Universal Insurance v. Sweatt

OPINION

BRIGHAM, Justice.

Appellant Trinity Universal Insurance Company appeals the trial court’s dismissal of its action for declaratory judgment and attorneys’ fees. We hold the trial court erred by dismissing the claims. We reverse and render in part and reverse and remand in part.

BACKGROUND

Appellee filed a claim for proceeds after a fire destroyed his insured property. When Appellee applied for the insurance policy, he represented that within the previous three years he had made no claims, he had not been declined for insurance, and he had not had a policy non-renewed or cancelled. He also…