San Antonio Reinsurance Company v. Lydia Cortez Chavez, Myra Cortez, and Rafael Cortez, and n/f of Lee Cortez, a minor; and Debbie Mann and William Mann, Jr. and n/f of William Herald Mann, a minor--Appeal from 150th Judicial District Court of Bexar County

No. 04-00-00225-CV
SAN ANTONIO REINSURANCE COMPANY,
Appellant
v.

Lydia Cortez CHAVEZ, Myra Cortez, and Rafael Cortez

a/n/f of Lee Cortez, a minor; and Debbie Mann and William Mann Jr.

a/n/f of William Herald Mann, a minor,

Appellees
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 98-CI-04859
Honorable Robert L. Eschenburg, Visiting Judge Presiding

Opinion by: Alma L. L pez, Justice

Sitting: Phil Hardberger, Chief Justice

Alma L. L pez, Justice

Karen Angelini, Justice

Delivered and Filed: May 16, 2001

AFFIRMED

Memorandum Opinion (1)

This is an appeal of a declaratory judgment in which the jury found coverage on an insurance claim and the trial court awarded attorney fees to the appellees. The policy in question insured a mobile home for comprehensive personal liability. The claim, filed by Chavez, concerned personal liability and medical expenses for injuries sustained by William Harold Mann. Two months after judgment was entered, Appellant paid the underlying claim, but filed this appeal contesting the award of attorney fees.

In two issues, the appellant argues that the evidence is legally insufficient to sustain the finding of coverage and, therefore, the award of attorney fees to appellees. The jury heard conflicting evidence as to whether Chavez was not only the owner but also the occupier of the mobile home, a precondition of the coverage issue. Two witnesses testified that Chavez had two residences, but spent time, and often slept at the insured premises, maintaining clothes and personal effects there because her husband worked nights. This is some evidence to support the jury's findings that Chavez resided at the mobile home at the time of the incident and that she did not make a material misrepresentation in her application for insurance. Rejecting evidence in conflict with this finding, as we must in reviewing a JNOV denial, we hold that the trial court did not err in so ruling. See Mancorp, Inc. v. Culpepper, 802 S.W.2d 226, 227 (Tex. 1990); Navarette v. Temple Indep. Sch. Dist., 706 S.W.2d 308, 309 (Tex. 1986).

Furthermore, it is well-settled that when a declaratory judgment action has been properly instituted, as it was here, the trial court has discretion to award attorney fees to the prevailing parties. See Brownwood Ross Co. v. Maverick County, 936 S.W.2d 42, 45 (Tex. App.-San Antonio 1996, writ ref'd). Appellant does not raise any issue regarding the reasonableness or necessity of the fees pled and proven, nor suggest that the award is inequitable or unjust. We hold that the trial court did not abuse its discretion in awarding fees to appellees in this case.

Appellant's issues are overruled. Appellees' request for sanctions is denied. The judgment of the trial court is affirmed.

Alma L. L pez, Justice

Do Not Publish

1. Tex. R. App. P. 47.1.