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BNSF. v. NAT. UNION FIRE INS. CO.

No. 10-0064.

334 S.W.3d 217 (2011)

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

Supreme Court of Texas.

February 25, 2011.

Attorney(s) appearing for the Case

Donald E. Herrmann , David E. Keltner , Preston Randolph Mundt, Kelly Hart & Hallman LLP, Fort Worth, Mainess Gibson , Connelly Baker Wotring LLP, Houston, for Petitioner.

Jeffrey Parsons , Darin Lee Brooks , Kristen W. Kelly , Beime Maynard & Parsons, L.L.P., Houston, for Respondent.

PER CURIAM.

In this insurance coverage dispute The Burlington Northern and Santa Fe Railway Company (BNSF) sought a declaratory judgment that National Union Fire Insurance Company owed duties to defend and indemnify BNSF in a personal injury suit resulting from a collision between one of its trains and an automobile. The trial court granted National Union's motion for summary judgment. The court of appeals affirmed.

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