DON'S BLDG. SUPPLY, INC. v. ONEBEACON INS. CO.

No. 07-0639.

267 S.W.3d 20 (2008)

DON'S BUILDING SUPPLY, INC., Appellant, v. ONEBEACON INSURANCE COMPANY, As Assignee of Potomac Insurance Company of Illinois, Appellee.

Supreme Court of Texas.

Decided August 29, 2008.

Rehearing Denied November 14, 2008.


Attorney(s) appearing for the Case

Thomas B. Alleman, Winstead Sechrest & Minick, P.C., Dallas, TX, for Appellant.

Marcus Jarrett Coleman, Dallas, Michelle Macarthur Castro, Fort Worth, Philip Roderick Lamb, Quilling, Selander, Cummiskey & Lownds, Dallas, Tim Headley, and Gene F. Creely II, Cozen O'Connor, Houston, TX, for Appellee.

J. Ross Hostetter, Burdin Mediations, Dallas, TX, for person interested in case.

Paul E. Ridley, Kirkpatrick & Lockhart Preston Gates Ellis LLP, Don Martinson, Fanning Harper & Martinson, P.C., Dallas, TX, for Amicus Curiae.


Justice WILLETT delivered the opinion of the Court.

This insurance-coverage dispute presents two certified questions from the United States Court of Appeals for the Fifth Circuit. The Fifth Circuit asks generally when property damage "occurs" under Texas law for purposes of an occurrence-based commercial general liability insurance policy, a question this Court has never answered. More specifically, is an insurer's duty to defend triggered where damage is alleged...

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