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BNSF v. NAT. UNION FIRE INS. CO.

No. 08-06-00022-CV.

394 S.W.3d 228 (2012)

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.

August 29, 2012.

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., for Appellee.

Jaime E. Esparza , Tom A. Darnold , for The State of Texas.

Before McCLURE, C.J., RIVERA, and ANTCLIFF, JJ.

OPINION

CHRISTOPHER ANTCLIFF, Justice.

This appeal arises from a take-nothing summary judgment granted in favor of National Union Fire Insurance Company of Pittsburgh, Pennsylvania ("National Union") on claims that National Union breached its duty to defend and indemnify the Burlington Northern and Santa Fe Railway Company ("BNSF") for damages related to a 1995 collision at one of BNSF's railway crossings. In this Court's original opinion, we affirmed...

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