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TRINITY UNIVERSAL INS. CO. v. CELLULAR ONE

No. 07-0140.

268 S.W.3d 505 (2008)

TRINITY UNIVERSAL INSURANCE COMPANY, Petitioner, v. CELLULAR ONE GROUP, Respondent.

Supreme Court of Texas.

Decided August 29, 2008.

Rehearing Denied December 5, 2008.

Attorney(s) appearing for the Case

Sidney H. Davis Jr., Touchstone Bernays Johnston Beall & Smith, LLP, Dallas TX, for Petitioner.

Charles L. Perry, Andrews & Kurth, L.L.P., Dallas TX, for Respondent.

Chief Justice JEFFERSON delivered the opinion of the Court, in which Justice O'NEILL, Justice WAINWRIGHT, Justice MEDINA, Justice GREEN, Justice JOHNSON, and Justice WILLETT joined.

Cellular One Group, a wireless telephone manufacturer, was sued in three putative class action lawsuits in which the plaintiffs alleged that radio frequency radiation emitted by wireless telephone handsets caused biological injury. Cellular One tendered the defense of these suits to its...

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