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THOS. S. BYRNE v. TRINITY UNIVERSAL INS.

No. 05-07-01255-CV.

334 S.W.3d 29 (2008)

THOS. S. BYRNE, LTD. f/k/a Thos. S. Byrne, Inc., Appellant, v. TRINITY UNIVERSAL INSURANCE COMPANY, Trinity Lloyds Insurance Company, and Transcontinental Insurance Company, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled November 3, 2009.

Attorney(s) appearing for the Case

Kevin J. Keith , Hiersche, Haywward, Drakely & Urbach, P.C., Addison, for Appellant.

Kevin Michael Murphy , Claudia K. Frey , Colliau, Elenius, Murphy, Carluccio, Kenner & Morrow, Dallas, Lisa Dean Hull , Harrison & Hull LLP, McKinney, for Appellees.

Before Justices FITZGERALD, RICHTER, and LANG-MIERS.

OPINION

Opinion by Justice FITZGERALD.

Appellant Thos. S. Byrne, Ltd. sued appellees for a judgment declaring that they owed Byrne a duty to defend in connection with a separate underlying lawsuit. The trial court granted summary judgment in favor of appellees, concluding that they owed Byrne no duty to defend or indemnify. We reverse and remand.

I. BACKGROUND

A. Facts

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