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J.E.M. v. FIDELITY & CAS. CO. OF NEW YORK

No. 01-95-01127-CV.

928 S.W.2d 668 (1996)

J.E.M. and S.J.B., Individually and as next friend of J.B., Jr., A Minor, Appellants, v. FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

August 1, 1996.

Attorney(s) appearing for the Case

Kenneth W. Lewis, Brett S. Thomas, Beaumont, for Appellants.

Susan C. Stevenson, Houston, for Appellee.

Before COHEN, WILSON and O'CONNOR, JJ.

OPINION

O'CONNOR, Justice.

This is an appeal from a summary judgment rendered in favor of Fidelity & Casualty Company of New York (Fidelity). Fidelity filed a declaratory judgment action to determine its duty to defend James B. and Barbara B. (the defendants) in the underlying tort lawsuit filed by J.E.M. and S.J.B. (the plaintiffs) below. The trial court granted summary judgment declaring that the defendants' homeowner policy provided no coverage for...

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