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HORTON—TEXAS, LTD. v. MARKEL INTERN. INS.

No. 14-05-00486-CV.

300 S.W.3d 773 (2006)

D.R. HORTON—TEXAS, LTD., Appellant, v. MARKEL INTERNATIONAL INSURANCE COMPANY, LTD. and Sphere Drake Insurance, Ltd., Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

October 26, 2006.

Attorney(s) appearing for the Case

Robert B. Gilbreath, Hawkins, Parnell & Thackston, LLP, Dallas, Brandy M. Wingate, for appellant.

Leslie Dean Pickett, Galloway, Johnson, Tompkins, Burr and Smith, Houston, Jacob Allen DeLeon, Robert Shults, Todd Frederick Newman, Kristi L. Hamilton, for appellee.

Panel consists of Justices FOWLER, EDELMAN, and GUZMAN.

SUBSTITUTE MEMORANDUM OPINION ON REHEARING

EVA M. GUZMAN, Justice.

We withdraw our memorandum opinion of June 29, 2006 and issue this substitute memorandum opinion on rehearing. We overrule the various motions for rehearing filed by appellant D.R. Horton and appellee Sphere Drake Insurance, Ltd.

In this appeal from take-nothing summary judgments granted in favor of appellees, Markel International Insurance Company, Limited1

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