Motion-Secondary: GPM HOUSTON PROPERTIES LTD vs. FIREMAN'S FUND INSURANCE COMPANY

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                                AUSENO     2010


GPM HOUSTON PROPERTIES, LTD.
TRIYAR COMPANIES, LLC, NKA                                      IN THE DISTRICT COURT
TRIYAR COMPANIES, INC
TRIYAR COMPANIES, INC
SJM REALTY, LTD.
                 Plaintiffs
                                                                    JUDICIAL DISTRICT



FIREMAN’S FUND INSURANCE                                        HARRIS COUNTY, TEXAS
COMPANY

                         Defendant                              JURY TRIAL REQUESTED

    ORDER GRANTING PLAINTIFFS     EVIDENCE MOTION FOR PARTIAL
   SUMMARY JUDGMENT UPON DEFENDANTS’ AFFIRMATIVE DEFENSES OF
     VIOLATION OF “CONCEALMENT, MISREPRESENTATION OR FRAUD”
                 PROVISION AND COMMON LAW FRAUD


         On this day came to be heard the No Evidence Motion for Partial Summary Judgment

upon Defendant’s Affirmative Defenses of Violation of “Concealment, Misrepresentation or

Fraud”   Provision and Common        Law Fraud filed by Plaintiffs GPM      Houston Properties, Ltd.

(“GPM”),    SJM    Realty, Ltd. (“SJM”)   and Triyar Companies,    LLC    (hereinafter “Plaintiffs” or

“Triyar’) pursuant to Rule 166a of the Texas Rules of Civil Procedure.          After considering the

Motion and all Responses thereto and argument of counsel, the Court hereby grants the Motion.

Accordingly,      the Court rules that Defendant    Fireman’s    Fund    Insurance   Company   cannot

maintain its Affirmative Defenses of Violation of “Concealment, Misrepresentation or Fraud”

Provision of the subject policy, FFIC Policy No. S 30 MXX         80892212, effective from June 30,

2008 through June 30, 2009 (the “         policy”) as a matter of law.
Signed this __ day of —---   2013



                             Presiding Judge