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BNSF. v. UNION FIRE INS. CO. OF PITTSBURGH

No. 08-06-00022-CV.

334 S.W.3d 235 (2009)

The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY f/k/a/ The Atchison, Topeka and Santa Fe Railway Company, Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Appellee.

Court of Appeals of Texas, El Paso.

December 9, 2009.

Attorney(s) appearing for the Case

Donald E. Herrmann , Kelly Hart & Hallman LLP, Fort Worth, TX, for Appellant.

Jeffrey R. Parsons , Beirne, Maynard & Parson, L.L.P., Houston, TX, for Appellee.

Before CHEW, C.J., McCLURE, and CARR, JJ.

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

The Burlington Northern and Santa Fe Railway Company ("BNSF" or "the railroad") appeals the entry of summary judgment in favor of National Union Fire Insurance Company ("National Union"). The trial court below entered a take-nothing judgment that determined that National Union did not have a duty to defend the railroad, and that the railroad had no right to indemnity. The railroad raises four issues challenging...

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