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DAYBREAK EXP., INC. v. LEXINGTON INS. CO.

No. 14-09-01032-CV.

342 S.W.3d 795 (2011)

DAYBREAK EXPRESS, INC., Appellant, v. LEXINGTON INSURANCE CO., as Subrogee of Burr Computer Environments, Inc. and J. Supor & Sons Trucking & Rigging Co., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing En Banc Overruled July 7, 2011.

Attorney(s) appearing for the Case

Scott Benjamin Novak , Eric R. Benton , Daniel Lee Fulkerson , Houston, for appellant.

Loren R. Smith , Houston, for appellee.

Panel consists of Justices SEYMORE, BOYCE, and CHRISTOPHER.

SUBSTITUTE MAJORITY OPINION

WILLIAM J. BOYCE, Justice.

The majority and dissenting opinions issued on January 11, 2011 are withdrawn, and the panel issues the following substitute majority and dissenting opinions.

In this subrogation action, Lexington Insurance Co. sued Daybreak Express, Inc. in connection with property damage that occurred during the interstate shipment of electronic equipment owned by...

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