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TRUCK INS. EXCHANGE v. MUSICK

No. 2-94-121-CV.

902 S.W.2d 68 (1995)

TRUCK INSURANCE EXCHANGE, Appellant, v. Calvin N. MUSICK, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled July 27, 1995.

Attorney(s) appearing for the Case

Michael J. Catania, Bennett & Hall, Fort Worth, for appellant.

Carol Ann Carson, Rickey J. Brantley, Jose, Henry & Brantley, Fort Worth, for appellee.

Before ANNETTE STEWART and PAUL COLLEY, JJ. (Retired) (Sitting by Assignment).

OPINION

STEWART, Justice (Retired).

The controlling issue before this court is the validity of the "fellow employee" exclusion in a standard form Texas Motor Vehicle liability policy. Appellant, Truck Insurance Exchange ("Truck") sought a declaratory judgment, contending that the fellow employee exclusion relieved it of any duty to defend appellee, Calvin Musick, in an underlying personal injury action. In three points of error, Truck asserts the trial court...

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