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TUMLINSON v. ST. PAUL INS. CO.

No. 01-89-00967-CV.

786 S.W.2d 406 (1990)

Mr. and Mrs. Victor TUMLINSON, Appellants, v. The ST. PAUL INSURANCE COMPANY, Appellee.

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

Rehearing Denied February 15, 1990.

Attorney(s) appearing for the Case

Richard Warren Mithoff, Scott Rothenberg, Mithoff & Jacks, Houston, for appellants.

Daryl G. Dursum, Coats, Yale, Holm & Lee, P.C., Houston, for appellee.

Before DUGGAN, WARREN and MIRABAL, JJ.

OPINION

DUGGAN, Justice.

This is an appeal from a summary judgment granted in a suit for declaratory judgment based on interpretation of language in a medical liability insurance policy.

The appellants, Mr. and Mrs. Victor Tumlinson, filed a medical malpractice suit claiming that the brain damage and other physical injuries suffered by their son at birth resulted in part from the care given by Dr. Gregory Smith. The Tumlinsons also sought damages...

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