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MERCHANTS FAST MOTOR v. NAT. UNION FIRE

No. 11-95-225-CV.

919 S.W.2d 903 (1996)

MERCHANTS FAST MOTOR LINES, INC., Merchants of Texas, Inc., Merchants Truckload Company, Inc., and Gordon D. Hart, Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Overruled May 9, 1996.

Attorney(s) appearing for the Case

Malcolm Schulz, Schulz & Robertson, Abilene, Arlen D. "Spider" Bynum, Dallas, for appellants.

Susan Abbott Schwartz, Robin Foret, Landau, Omahana & Kopka, Ltd., Dallas, for appellee.

James L. Post, Corpus Christi.

Before ARNOT, C.J., and DICKENSON and FARRIS, JJ.

ARNOT, Chief Justice.

At issue in this declaratory judgment case is National Union Fire Insurance Company of Pittsburgh, PA's duty to defend its insured, Merchants Fast Motor Lines, Inc., Merchants of Texas, Inc., Merchants Truckload Company, Inc., and a driver, Gordon D. Hart, under two policies in a wrongful death action.

While operating a Merchants' truck, Hart shot Casimiro Gonzalez, who was a passenger in a van. Gonzalez subsequently died from the gunshot...

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