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CITY OF WACO v. ST. PAUL FIRE & MARINE INS.

No. 01-98-00099-CV.

16 S.W.3d 101 (2000)

CITY OF WACO, Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled May 2, 2000.

Attorney(s) appearing for the Case

Terri Barziza Mosser, J. Anthony Alvarez, Houston, for Appellant.

Patricia Mcgarvey Rosendahl, Houston, for Appellee.

Panel consists of Justices MIRABAL, WILSON, and ANDELL.

OPINION

DAVIE L. WILSON, Justice.

In this case of first impression in Texas, we are asked to decide whether an insurer's exclusion for law enforcement activities applies to the operation of a jail. The trial court granted the insurance company's motion for summary judgment, which was, in part, based on the law-enforcement exclusion. We hold the exclusion applies to jail operations and affirm.

Facts

This is a subrogation suit between two...

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