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CONTINENTAL CAS. CO. v. FINA OIL & CHEMICAL

No. 01-02-00449-CV.

126 S.W.3d 163 (2003)

CONTINENTAL CASUALTY CO., Appellant, v. FINA OIL & CHEMICAL CO., Appellee. Fina Oil & Chemical Co., Appellant, v. Continental Casualty Co., Appellee.

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

Rehearing Overruled January 15, 2004.

Attorney(s) appearing for the Case

Jane A. McClaine, Drucker, Rutledge, Ward & Smith, L.L.P., Spring, Richard C. Rutledge, Drucker, Rutledge, Ward & Smith, L.L.P., Woodlands, for appellant.

Christopher A. Prine, George W. Lederer Jr., Vance Christopher, Crain, Caton & James, Houston, for appellee.

Panel consists of Justices HEDGES, NUCHIA, and KEYES.

OPINION

SAM NUCHIA, Justice.

Continental Casualty Company (Continental) appeals the trial court's judgment declaring that Fina Oil & Chemical Company (Fina) was an additional insured under a commercial general liability insurance policy issued by Continental to A & B Builders, Inc. (A & B) and awarding damages to Fina for its claim of breach of contract. Continental specifically argues that (1) Fina was not an additional insured and (2) if Fina...

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