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EMSCOR MFG., INC. v. ALLIANCE INS. GROUP

No. B14-92-01121-CV.

879 S.W.2d 894 (1994)

EMSCOR MANUFACTURING, INC.; Walter P. Manning, Jr.; Cindy R. Ketcher, Individually and as Administratrix on Behalf of the Estate of Steven Ketcher; Carolyn J. Ketcher; Kristina Heilman Weaver, Individually and as Next Friend of Lyndsey Michelle Weaver and as Administratrix on Behalf of the Estate of Michael Weaver; and Charles D. Weaver, Appellants, v. ALLIANCE INSURANCE GROUP; Alliance Syndicate, Inc.; and Alliance General Insurance, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Substitute Majority and Dissenting Opinions on Rehearing May 19, 1994.

Rehearing Denied June 23, 1994.

Attorney(s) appearing for the Case

Earl Landers Vickery, Houston, for appellants.

Linda M. Cipriani, Michael O. Connelly, of Houston, for appellees.

Before MURPHY, SEARS and DRAUGHN, JJ.

MAJORITY OPINION ON REHEARING

MURPHY, Justice.

This is an excess carrier insurance case. Appellants, Walter P. Manning Jr. (Emscor's former President) and Emscor Manufacturing, Inc. (collectively referred to as "Emscor"), filed suit against appellees, Alliance Insurance Group, Alliance Syndicate, Inc., and Alliance General Insurance (collectively referred to as "Alliance"), claiming that Alliance was...

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