ZAIONTZ v. TRINITY UNIVERSAL INS. CO.

No. 04-01-00329-CV.

87 S.W.3d 565 (2002)

Milton ZAIONTZ, Patti Zaiontz, and Michael C. Gershonsen, Appellants and Cross-Appellees, v. TRINITY UNIVERSAL INSURANCE CO. and Texas Pacific Indemnity Company, Appellees and Cross-Appellants.

Court of Appeals of Texas, San Antonio.

Opinion On Rehearing July 17, 2002.


Attorney(s) appearing for the Case

Michael A. Chovanec, Germantown, TN, Terry M. Levine, Tom Clarke, San Antonio, for appellants.

George B. Hall, Jr., Phelps Dunbar, L.L.P., New Orleans, LA, Joseph A. Ziemianski, Bryan Vezey, Kathleen Hopkins Alsina, Phelps Dunbar, L.L.P., Houston, Gerald L. Shiely, Thornton, Summers, Biechlin, Dunham & Brown, San Antonio, for appellees.

Sitting: SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.


Opinion by: SARAH B. DUNCAN, Justice.

The issue in this appeal is whether Bio Zapp, Inc.'s insurers must indemnify Bio Zapp's president, Michael Gershonsen, for a judgment against him and in favor of another Bio Zapp employee, Milton Zaiontz, and his wife Patti. We hold coverage is precluded and affirm the trial court's summary judgment.

Factual and Procedural Background

Bio Zapp Laboratories and its president and majority shareholder, Michael Gershonsen...

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