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AMERICAN PHYSICIANS INS. EXCH. v. GARCIA

No. D-1239.

876 S.W.2d 842 (1994)

AMERICAN PHYSICIANS INSURANCE EXCHANGE and American Physicians Service Group, Inc., Petitioners, v. Ramon A. GARCIA, M.D., Respondent.

Supreme Court of Texas.

Rehearing Overruled June 8, 1994.

Attorney(s) appearing for the Case

J. Sam Winters, Barry Bishop, Jay A. Thompson, Austin, Donald M. Hunt, Lubbock, George Spencer, San Antonio, for petitioners.

Charles Nicholson, San Antonio, David A. Slaughter, Ronald D. Krist, Houston, Pat Maloney, Sr., San Antonio, for respondent.

CORNYN, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, and GONZALEZ, HECHT and ENOCH, Justices, join.

We grant American Physicians Insurance Exchange's ("APIE's") motion for rehearing, withdraw our prior opinion and judgment, and substitute the following in its place.1 We decide whether Dr. Ramon Garcia's malpractice insurance carrier, APIE, breached its duty to defend Garcia or its Stowers

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