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MARYLAND CAS. CO. v. AMERICAN HOME ASSUR. CO.

No. 01-07-00711-CV.

277 S.W.3d 107 (2009)

MARYLAND CASUALTY COMPANY, Appellant v. AMERICAN HOME ASSURANCE COMPANY and Illinois National Insurance Company, as Subrogees of National Equipment Services, Inc., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

January 29, 2009.

Attorney(s) appearing for the Case

Hilaree Ann Casada, Veronica M. Bates, Hermes Sargent Bates, L.L.P., Dallas, TX, for Appellant.

James N. Isbell, Kevin F. Risley, Thompson, Coe, Cousins & Irons, LLP, Houston, TX, for Appellee.

Panel consists of Justices TAFT, JENNINGS, and BLAND.

OPINION ON REHEARING

TERRY JENNINGS, Justice.

We deny appellees' motion for rehearing. See TEX.R.APP. P. 49.3. We withdraw our October 9, 2008 opinion, substitute this opinion in its place, and vacate our October 9, 2008 judgment.

Appellant, Maryland Casualty Company ("Maryland"), challenges the trial court's rendition of summary judgment in favor of appellees, American Home Assurance Company ("American") and Illinois National Insurance Company...

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