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TEXAS MEDICAL LIABILITY TRUST v. HARTFORD ACC. AND INDEMNITY CO.

No. 10-03-00169-CV.

151 S.W.3d 706 (2004)

TEXAS MEDICAL LIABILITY TRUST, American Physicians Insurance Exchange, The Medical Protective Company, and Texas Medical Liability Insurance Underwriting Association, Appellants, v. The HARTFORD ACCIDENT AND INDEMNITY COMPANY, First State Insurance Company, The North River Insurance Company, And Aetna Casualty & Surety Company, Appellees.

Court of Appeals of Texas, Waco.

Rehearing Overruled December 14, 2004.

Attorney(s) appearing for the Case

R. Brent Cooper, Cooper & Scully, P.C., Dallas, for appellants.

John H. Marks, Jr., Locke, Liddell & Sapp, L.L.P., Dallas, Matthew W. Childs, Tekell, Book, Matthews & Limmer, Houston, George L. Lankford, Fanning, Harper & Martinson, Dallas, for appellees.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

BILL VANCE, Justice.

Appellants (hereafter "Physician-insurers") are insurance companies that issued professional liability policies to physicians. Physician-insurers claim that they are additional insureds under the "vendor" endorsements of general liability policies issued to Dow Corning Company by Appellees (hereafter "Dow-insurers"). They contend that Dow-insurers owe them a duty to defend under the...

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