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HIGHLANDS INS. CO. v. CITY OF GALVESTON

No. A14-85-970-CV.

721 S.W.2d 469 (1986)

HIGHLANDS INSURANCE COMPANY, Appellant, v. The CITY OF GALVESTON Acting By and Through ITS BOARD OF TRUSTEES OF the GALVESTON WHARVES, National Union Fire Insurance Company of Pittsburgh, Pennsylvania, International Surplus Lines Insurance Company, and Underwriters At Lloyds & Companies, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied December 18, 1986.

Attorney(s) appearing for the Case

Jerry V. Walker, Houston, for Highlands Ins. Co.

Joseph Newton, Houston, for National Union Fire Ins. Co.

Benjamin R. Powel, Otto D. Hewitt, Jr. and Valin Woodward, Galveston, for City of Galveston.

Before J. CURTISS BROWN, C.J., and MURPHY and ROBERTSON, JJ.

OPINION

J. CURTISS BROWN, Chief Justice.

This appeal involves the interpretation of insurance policies to determine whether the appellant, as excess insurer, or the appellee insurance companies, as underlying insurers, must pay the loss claimed by the City of Galveston, the assured. The policies of the underlying insurers indemnified the city for any "loss damage or expense of whatsoever nature" to property "for which the assured may be liable or may assume...

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