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MID-CONTINENT INS. CO. v. LIBERTY MUT. INS. CO.

No. 05-0261.

236 S.W.3d 765 (2007)

MID-CONTINENT INSURANCE COMPANY, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee.

Supreme Court of Texas.

Decided October 12, 2007.

Attorney(s) appearing for the Case

Brian L. Blakeley, Carrie D. Holloway, Blakeley & Reynolds, P.C., San Antonio, for appellant.

Richard A. Capshaw, Capshaw Goss & Bowers, Mikel J. Bowers, Capshaw Weiland Goss & Bowers, Dallas, for appellee.

Justice WAINWRIGHT delivered the opinion of the Court.

This dispute between one primary liability insurer and another primary insurer that also provides the applicable excess insurance policy comes to us on certified questions from the United States Court of Appeals for the Fifth Circuit. Pursuant to article V, section 3-c of the Texas Constitution and Texas Rule of Appellate Procedure 58.1, we answer the following questions:

1. Two insurers, providing the...

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