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  5. 744 S.W.2d 219 (1987)
 

FIDELITY & CAS. CO. OF NY v. BURTS BROS.

No. 01-87-00270-CV.

744 S.W.2d 219 (1987)

The FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellant, v. BURTS BROTHERS, INC., et al., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied January 14, 1988.

Attorney(s) appearing for the Case

Jack Pew, Jr., Jackson, Walker, Winstead, Cantwell & Miller, Dallas, for appellant.

David H. Burrow, Melinda L. Wesner, Robert E. Ray, Burrow & Williams, Bradley M. Bingham, Nelson & Bingham, Houston, for appellees.

Before JACK SMITH, LEVY and HOYT, JJ.

JACK SMITH, Justice.

This is a suit to resolve coverage under an aircraft liability insurance policy. The Fidelity & Casualty Company of New York ("Fidelity") brought a declaratory action seeking to determine whether under its policy Fidelity had a duty to defend and indemnify Burt Brothers, Inc. and the Estate of Edwin M. Burts ("the insureds") in a wrongful death case arising out of a helicopter crash. The insurance...

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