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ROCOR INTERN., INC. v. NATIONAL UNION FIRE INS. CO. OF PITTSBURGH

No. 04-96-00536-CV.

995 S.W.2d 804 (1999)

ROCOR INTERNATIONAL, INC., f/k/a Donco Carriers, Inc., Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Appellee.

Court of Appeals of Texas, San Antonio.

May 28, 1999.

Attorney(s) appearing for the Case

Mark L Kincaid, Kincaid & Horton, Jay Harvey, Winckler & Harvey, Austin, for appellant.

Gerald D. McFarlen, Brin & Brin, P.C., San Antonio, Thomas F. Nye, Linda C. Breck, Brin & Brin, P.C., Corpus Christi, for appellee.

Sitting: PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, ALMA L. LÓPEZ, Justice, CATHERINE M. STONE, Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice, En Banc.

OPINION ON MOTION FOR RECONSIDERATION EN BANC

Opinion by: Chief Justice PHIL HARDBERGER, joined by Justice LÓPEZ and Justice STONE.

This case has been reheard by the court en banc. As a result, this court's opinion and judgment of January 14, 1998, are withdrawn. The opinion authored by Chief Justice Hardberger concludes that Rocor has a legal cause of action against its excess carrier, National Union, under two theories: (1) failure to settle in good...

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