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UTICA NAT. INS. v. TEXAS PROPERTY & CAS.

No. 03-01-00045-CV.

110 S.W.3d 450 (2001)

UTICA NATIONAL INSURANCE COMPANY OF TEXAS/Texas Property & Casualty Insurance Guaranty Association, Appellants, v. TEXAS PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION and American Indemnity Company/Utica National Insurance Company of Texas, Appellees.

Court of Appeals of Texas, Austin.

Released for Publication August 14, 2003.

Attorney(s) appearing for the Case

Alexander N. Beard, Michael A. Hummert, E. Thomas Bishop, Bishop & Hummert, P.C., Dallas, Douglas W. Alexander, Dana C. Livingston Cobb, J. Woodfin Jones, Scott, Douglass & McConnico, LLP, Austin, for UTICA.

Daniel W. Jordan, Jordan & Carmona, PC, Austin, for Texas Property.

Thomas D. Caudle, Arter & Hadden, LLP, Dallas, for American Indemnity.

Before KIDD, B.A. SMITH and PATTERSON, JJ.

MACK KIDD, Justice.

Utica National Insurance Company of Texas ("Utica") appeals the judgment of the trial court declaring that Utica had a duty to defend and a duty to indemnify its policyholders and ordering Utica to pay damages on behalf of its insureds. The Texas Property & Casualty Insurance Guaranty Association ("the Association") appeals the trial court's decision to apportion Utica's defense costs on a pro rata basis and the trial court's refusal to charge...

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