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RX.COM INC. v. HARTFORD FIRE INS. CO.

No. CIV.A. H-04-2645.

364 F.Supp.2d 609 (2005)

RX.COM INC., Plaintiff, v. HARTFORD FIRE INSURANCE CO., Defendant.

United States District Court, S.D. Texas, Houston Division.

March 28, 2005.

Attorney(s) appearing for the Case

James L. Cornell, Jr., Cornell & Pardue, Patrick L. Hughes, Haynes Boone LLP, Houston, for Rx.com, Inc., Plaintiff.

Christine Kirchner, Chamberlain Hrdicka White, Steven Jon Knight, Chamberlain Hrdlicka et al., Houston, for Hartford Fire Insurance Company, Defendant.

MEMORANDUM AND ORDER

ROSENTHAL, District Judge.

Plaintiff, Rx.com, has sued its liability insurer, Hartford Fire Insurance Co., for breach of contract and violations of Articles 21.21 and 21.55 of the Texas Insurance Code, alleging that Hartford breached its liability insurance policy when it refused to defend Rx.com in an underlying suit. Hartford has moved to dismiss the article 21.55 claim on the basis that it does not apply to an insured's demand for...

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