WESTERN INDEM. v. AMERICAN PHYSICIANS

No. 03-96-00335-CV.

950 S.W.2d 185 (1997)

WESTERN INDEMNITY INSURANCE COMPANY and American International Surplus Lines Insurance Company, Appellants, v. AMERICAN PHYSICIANS INSURANCE EXCHANGE, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled August 28, 1997.


Attorney(s) appearing for the Case

Pamela J. Touchstone, Schell, Beene & Vaughan, L.L.P., Dallas, for appellants.

Brian McElroy, Davis & Wilkerson, P.C., Austin, for appellee.

Before POWERS, JONES and KIDD, JJ.


JONES, Justice.

This appeal arises out of a dispute between two insurance companies. American Physicians Insurance Exchange ("APIE"), appellee, sued American International Surplus Lines Insurance Company ("AISLIC"),1 appellant, seeking a declaratory judgment that AISLIC was obligated to share the costs of defending their common insured, Dr. David L. Martin, in a malpractice action. On cross-motions for summary judgment, the trial court...

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