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X.L. INS. CO. v. HARTFORD ACC. & INDEM.

Nos. 09-95-363 CV, 09-95-393 CV.

918 S.W.2d 687 (1996)

X.L. INSURANCE COMPANY, LTD., and A.C.E. Insurance Company (Bermuda), Ltd., Appellants, v. HARTFORD ACCIDENT & INDEMNITY CO., First State Insurance Co., Twin City Fire Insurance Co., New England Reinsurance Co., and Atlanta International Insurance Co., Appellees. X.L. INSURANCE COMPANY, LTD., and A.C.E. Insurance Company (Bermuda), Ltd., Relators, v. The Honorable James MEHAFFY, Judge, 58th Judicial District Court, Respondent.

Court of Appeals of Texas, Beaumont.

Rehearing Overruled May 24, 1996.

Attorney(s) appearing for the Case

Elizabeth Tipton, Tipton & Gilbert, Houston, Thomas B. Alleman, Vial, Hamilton, Koch & Knox, Dallas, Scott Carey, Bates, Meckler, Bulger & Tilson, Chicago, IL, for appellants.

Howard L. Close, Orgain, Bell & Tucker, Beaumont, Wayne D. Davidson, Houston, for appellees.

Before WALKER, C.J., and BURGESS and STOVER, JJ.

OPINION

STOVER, Justice.

In 1993, Bristol Myers Squibb Corporation and its wholly owned subsidiary, Medical Engineering Corporation ("BMS"), filed a lawsuit against a large number of insurance companies, including Hartford Accident & Indemnity Co., First State Insurance Co., Twin City Fire Insurance Co., New England Reinsurance Corp., and Atlanta International Insurance Co. ("Hartford"), for declaratory judgment, breach of contract, and breach of implied...

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