AETNA CAS. & SUR. CO. v. MARTIN SURGICAL

No. 01-84-00297-CV.

689 S.W.2d 263 (1985)

The AETNA CASUALTY & SURETY COMPANY, Appellant, v. MARTIN SURGICAL SUPPLY COMPANY, Appellee.

Court of Appeals of Texas, Houston First District.

Rehearing Denied April 26, 1985.


Attorney(s) appearing for the Case

Reagan M. Brown, Fulbright & Jaworski, Houston, for appellant.

Charity M. O'Connell, Edmund L. Cogburn, Dow, Cogburn & Friedman, Houston, for appellee.

Before DUGGAN, SMITH and KEITH (Retired, sitting by assignment), JJ.


OPINION

DUGGAN, Justice.

This is an appeal from a judgment awarding treble damages and attorney's fees as indemnity for expenses of litigation. Appellee incurred the expenses by providing its own defense when a defense as an additional insured was available from appellant under a policy of insurance. Appellee's judgment was based on causes of actions under the Deceptive Trade Practices —Consumer Protection Act ("the DTPA"), Tex.Bus. & Com.Code...

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