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URETHANE INTERN. PRODUCTS v. MID-CONTINENT

No. 10-04-00177-CV.

187 S.W.3d 172 (2006)

URETHANE INTERNATIONAL PRODUCTS dba Offshore Joint Services, Appellant, v. MID-CONTINENT CASUALTY COMPANY, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled February 21, 2006.

Attorney(s) appearing for the Case

William F. Harmeyer, W.F. Harmeyer & Associates, Houston, for appellant.

John Engvall Jr., Engvall & Hlavinka, Houston, for appellee.

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

OPINION

TOM GRAY, Chief Justice.

This case involves the interpretation of an insurance contract, a question of coverage—the duty to defend. We reverse the trial court's determination that the pollution exclusion clause applies to the facts of this case.

THE UNDERLYING CASE—THE TURNERS'S CASE

The following facts are taken from the allegations in relevant pleadings.

Curtis and Deborah Turner suffered personal injury...

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