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EVERGREEN NAT. INDEM. v. TAN IT ALL, INC.

No. 03-02-00426-CV.

111 S.W.3d 669 (2003)

EVERGREEN NATIONAL INDEMNITY COMPANY, Appellant, v. TAN IT ALL, INC., Appellee.

Court of Appeals of Texas, Austin.

June 19, 2003.

Attorney(s) appearing for the Case

Levon G. Hovnatanian, Christopher W. Martin, Bruce E. Ramage, James Michael Cleary Jr., Martin, Disiere, Jefferson & Wisdom, L.L.P., Houston, for appellant.

William S. Rhea, Rhea & Rodman, L.L.P., Austin, for appellee.

Before Justices KIDD, YEAKEL and PATTERSON.

OPINION

JAN P. PATTERSON, Justice.

This is an appeal from a summary judgment in a declaratory judgment action involving first-party commercial insurance coverage. Appellee Tan It All, Inc. ("TIA"), which operates tanning salons, sued its property insurer, Evergreen National Indemnity Company, to recover the cost of tanning equipment stolen from one of its trucks. The truck was parked in the parking lot of a shopping center containing one of TIA's...

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