TRANSP. INS. CO. v. GEORGE E. FAILING CO.

No. 14192(T).

691 S.W.2d 71 (1985)

TRANSPORTATION INSURANCE COMPANY, Appellant, v. GEORGE E. FAILING COMPANY, A DIVISION OF AZCON, Appellee.

Court of Appeals of Texas. Austin.

Rehearing Denied June 5, 1985.


Attorney(s) appearing for the Case

James S. Renard, Vial, Hamilton, Koch, Tubb & Knox, Dallas, for appellant.

Robert M. Greenberg, Lynn Fielder, Greenberg, Fisk and Fielder, P.C., Dallas, for appellee.

Before POWERS, KEITH (Retired) and GAMMAGE, JJ.


GAMMAGE, Justice.

Transportation Insurance Company (Transportation) appeals from a summary judgment in a declaratory judgment action entered in favor of George E. Failing Company (Failing). We will reverse the judgment of the trial court.

This declaratory judgment action was filed incident to a pending damage suit, wherein Failing is named as a party defendant. Failing sought a declaration that it is an omnibus insured under a motor vehicle liability policy...

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