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HARTFORD ACC. & INDEM. v. PACIFIC EMPLOYERS INS.

Civ. A. No. 92-1557.

862 F.Supp. 160 (1994)

HARTFORD ACCIDENT & INDEMNITY CO., Plaintiff, v. PACIFIC EMPLOYERS INSURANCE COMPANY, et al., Defendant.

United States District Court, S.D. Texas, Houston Division.

August 26, 1994.

Attorney(s) appearing for the Case

Jim C. Ezer, Boswell & Hallmark, Richard E. Griffin, Griffin & Laser, Houston, TX, for plaintiff Hartford Acc. & Indem. Co.

Randy Donato, Tucker Hendryx & Gascoyne, Javier Sanchez Martinez, Mattingly & Marsh, Houston, TX, for defendant Pac. Employers Ins. Co.

Sylvia Matthews Egner, Mayor Day Caldwell & Keeton, Houston, TX, for defendant Baylor College of Medicine.

Michael E. Warrick, Schmidt & Matthews, Houston, TX, for defendant Nat. Union Fire Ins. Co. of Pittsburgh, PA.

Fred V. Sutherland, Downs & Associates, Javier Sanchez Martinez, Mattingly & Marsh, Houston, TX, for cross-claimant Pac. Employers Ins. Co.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HUGHES, District Judge.

1. Introduction

An insurer at the top of the excess insurance food chain seeks for a declaration that its coverage has yet to be reached. After a trial on the merits, the relative responsibilities of the four insurance carriers have been sorted. All the excess insurance carriers have made some payments, but only one is suing for...

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