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FOR KIDS ONLY v. PHILADELPHIA INDEM. INS.

No. 05-07-00546-CV.

260 S.W.3d 652 (2008)

FOR KIDS ONLY CHILD DEVELOPMENT CENTER, INC., Appellant, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled August 26, 2008.

Attorney(s) appearing for the Case

Russell J. Bowman, Dallas, TX, for Appellant.

David J. Schubert, Schubert & Evans, P.C., Dallas, TX, for Appellee.

Before Justices WRIGHT, O'NEILL, and FRANCIS.

OPINION

Opinion by Justice FRANCIS.

For Kids Only Child Development Center, Inc. appeals a summary judgment in favor of Philadelphia Indemnity Insurance Company. In two issues, appellant contends the trial court erred in granting summary judgment to appellee and in denying partial summary judgment to it. We affirm.

Appellant's day care center was flooded with four-inch to six-inch deep sewage flowing from floor drains in the building. According to...

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