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LENNAR CORP. v. GREAT AMERICAN INS. CO.

No. 14-02-00860-CV.

200 S.W.3d 651 (2006)

LENNAR CORPORATION, Lennar Homes of Texas Land and Construction, Limited, and Lennar Homes of Texas Sales and Marketing, Limited d/b/a Village Builders, Appellants, v. GREAT AMERICAN INSURANCE COMPANY, American Dynasty Surplus Lines Insurance Company, Markel American Insurance Company, Gerling America Insurance Company, RLI Insurance Company, Insurance Company of the State of Pennsylvania and Westchester Fire Insurance Company, Appellees.

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

Substituted Concurring and Dissenting Opinion April 11, 2006.

Attorney(s) appearing for the Case

Cynthia Hollingsworth and Kimberly Marie Phillips, Houston, for Appellants.

Greg K. Winslett, Ellen L. Van Meir, Dallas, B. Lee Ware, David S. Lynch, Houston, Appellees.

Panel consists of Justices FOWLER, EDELMAN and SEYMORE.

Substituted Concurring and Dissenting Opinion by Justice Edelman April 11, 2006.

SUBSTITUTE MAJORITY OPINION

CHARLES W. SEYMORE, Justice.

We overrule appellees' motions for rehearing. We withdraw our opinion dated June 2, 2005 and issue this substitute majority opinion.

This case involves an insurance coverage dispute over whether the insured homebuilders are covered under six commercial general liability ("CGL") policies for damages resulting...

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