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FEDERAL INS. CO. v. EVEREST NATIONAL INS. CO.

No. 05-06-01144-CV.

257 S.W.3d 771 (2008)

FEDERAL INSURANCE COMPANY, Appellant, v. EVEREST NATIONAL INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled July 28, 2008.

Attorney(s) appearing for the Case

Thomas L. Woodman, Gregory Dillard, Michael C. Wright and David Fowler Johnson, Winstead, Sechrest & Minick P.C., Fort Worth, TX, for Appellant.

John M. Cox and Richard A. Harwell, John M. Cox & Associates, P.C., Dallas, TX, for Appellee.

Before Justices O'NEILL, RICHTER and LANG.

OPINION

Opinion by Justice O'NEILL.

This case involves the allocation of liability between two insurance companies with a common insured. Federal Insurance Company ("Federal") issued an insurance policy to River Run Townhomes Owners, Inc., a homeowner's association ("HOA"), covering claims against the HOA's directors and officers. Everest National Insurance Company ("Everest") insured the HOA under a commercial general liability policy. After a lawsuit by...

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