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WESTCHESTER FIRE INS v. STEWART & STEVENSON

No. 01-99-00738-CV.

31 S.W.3d 654 (2000)

WESTCHESTER FIRE INSURANCE COMPANY, Appellant, v. STEWART & STEVENSON SERVICES, INC., Appellee.

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

Rehearing Overruled November 15, 2000.

Attorney(s) appearing for the Case

Michael Smith Knippen, Chicago, IL, for appellant.

David Matthiesen, Trevor R. Jefferies, Houston, Jeffrey J. Zissa, San Antonio, for appellee.

Panel consists of Justices HEDGES, NUCHIA, and EVANS.

OPINION

FRANK G. EVANS, Justice (Retired).

This is an insurance coverage dispute. Westchester Fire Insurance Company ("Westchester"), an excess insurer, appeals a summary judgment rendered in favor of its insured, Stewart & Stevenson Services, Inc. ("Stewart & Stevenson"). The issue on appeal is whether the primary insurer's policy (the Lloyds policy) had exhausted its aggregate limits, thus requiring the Westchester policy to "drop down" and

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