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GETTY OIL v. INSURANCE CO. OF N. AMERICA

No. D-1937.

845 S.W.2d 794 (1992)

GETTY OIL COMPANY and Texaco Inc., Petitioners, v. INSURANCE COMPANY OF NORTH AMERICA, NL Industries, Inc. and Youell and Companies, Respondents.

Supreme Court of Texas.

Rehearing Overruled March 3, 1993.

Attorney(s) appearing for the Case

Joe G. Roady, Mel Smith, Patrick L. Hughes, Mary Ann A. Bellatti, and Karen S. Cook, Houston, for petitioners.

Tom Lorance, Jr., Byron Lee, Tom Bayko, John C. Allen, Jack G. Carnegie, Linda C. Schoonmaker, Houston, Michael W. Jahnke, New York City, David W. Prasifka, Houston, Thomas Engelhardt, Chicago, 111., and William K. Luyties, Houston, for respondents.

OPINION

PHILLIPS, Chief Justice.

The purchaser of certain chemicals brought suit against the seller and its insurers, claiming that they were contractually obligated to provide insurance to cover a judgment against the purchaser in a wrongful death action precipitated by the explosion of the chemicals. The trial court granted summary judgment for the defendants on four grounds: (1) a contract provision requiring the seller to purchase liability insurance...

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