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VECELLIO INS. v. VANGUARD UNDERWRITERS

No. 01-02-00452-CV.

127 S.W.3d 134 (2003)

VECELLIO INSURANCE AGENCY, INC., Appellant, v. VANGUARD UNDERWRITERS INSURANCE COMPANY, Appellee. Vanguard Underwriters Insurance Company, Appellant, v. Vecellio Insurance Agency, Inc., Appellee.

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

October 16, 2003.

Attorney(s) appearing for the Case

Jefferson Hunt Read, Oldenettel & Associates, Houston, TX, for Appellant.

Michael Phillips, Phillips & Akers, P.C., Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices NUCHIA and HANKS.

OPINION ON REHEARING

SHERRY RADACK, Chief Justice.

On this day, the Court considered appellant's motion for rehearing. The motion is GRANTED. Accordingly, we withdraw our opinion of May 22, 2003, and issue this opinion in its stead.

This case involves the vestiges of the common law indemnity cause of action and the proper manner for submitting such cause of action to the jury. Vanguard Underwriters Insurance Company sued Vecellio Insurance...

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