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HOCHHEIM PRAIRIE CAS. INS. CO. v. APPLEBY

No. 04-07-00028-CV.

255 S.W.3d 146 (2008)

HOCHHEIM PRAIRIE CASUALTY INSURANCE COMPANY, Appellant, v. Charles APPLEBY, as Executor of the Estate of Stephen D. Seffel, Deceased, Appellee.

Court of Appeals of Texas, San Antonio.

Opinion Dissenting to Denial of Reconsideration May 7, 2008.

Attorney(s) appearing for the Case

Wm. David Farmer, Curney, Garcia, Farmer, Pickering & House, P.C., San Antonio, TX, for appellant.

Thomas W. Gendry, Gendry & Sprague, P.C., Jerry A. Gibson, Laura A. Cavaretta, Plunkett & Gibson, Inc., San Antonio, TX, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.

Opinion Dissenting to Denial of En Banc Reconsideration May 7, 2008.

OPINION

Opinion by SANDEE BRYAN MARION, Justice.

This appeal presents the issue of whether allegations that an insured, who is suffering from Alzheimer's and dementia and has had a temporary guardian appointed, "knocked down" another patient at an assisted care facility triggered the insurer's duty to defend. We conclude the allegations contained in the petition filed in the underlying...

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