AMERICAN ALLIANCE INS. CO. v. FRITO-LAY, INC.

No. 05-89-01234-CV.

788 S.W.2d 152 (1990)

AMERICAN ALLIANCE INSURANCE COMPANY, Appellant, v. FRITO-LAY, INC. & Pepsico, Inc., Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied April 27, 1990.


Attorney(s) appearing for the Case

Mark C. Hill, Richard A. Capshaw, Dallas, for appellant.

Chester J. Hinshaw, Patricia V. Villareal, Thomas B. Green, Dallas, for appellees.

Before WHITHAM, ROWE and BAKER, JJ.


OPINION

BAKER, Justice.

American Alliance Insurance Company appeals the trial court's order enjoining it from pursuing a declaratory cause of action against Frito-Lay and Pepsico (Frito-Lay) in a New York court. It argues that although Frito-Lay has a suit pending in Texas concerning American Alliance's duty to defend Frito-Lay, that cause does not affect American Alliance's right to prosecute a declaratory action in New York on its duty to indemnify Frito...

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