KELLEY-COPPEDGE, INC. v. HIGHLANDS INS. CO.

No. 97-0926.

980 S.W.2d 462 (1998)

KELLEY-COPPEDGE, INC., Petitioner, v. HIGHLANDS INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

Decided November 12, 1998.

Rehearing Overruled December 31, 1998.


Attorney(s) appearing for the Case

Patrick J. Wielinski, Dallas, for Petitioner.

Michael S. Quinn, Austin, Robert A. Shults, Collyn A. Peddie, Houston, for Respondent.


SPECTOR, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, and ENOCH, ABBOTT and HANKINSON, Justices, join.

In this case, we consider whether Kelley-Coppedge, Inc. (KCI), an independent contractor, "occupied" the easement on which it was performing operations, thereby invoking the pollution exclusion clause of a commercial general liability policy. The court of appeals held that KCI did occupy the easement and therefore rendered summary...

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