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MID-CONTINENT CAS. v. ANDREGG CONTRACTING

No. 05-11-00637-CV.

391 S.W.3d 573 (2012)

MID-CONTINENT CASUALTY COMPANY, Appellant v. ANDREGG CONTRACTING, INC. and Bacilio Zapata, Appellees.

Court of Appeals of Texas, Dallas.

November 9, 2012.

Attorney(s) appearing for the Case

R. Brent Cooper , Diana L. Faust , Richard Clark Harrist , Michelle E. Robberson , for Mid-Continent Casualty Co.

Charles Clayton Miller , Lawrence R. Lassiter , for Andregg Contracting, Inc.

Before Justices BRIDGES, MARTIN RICHTER, and LANG.

OPINION

Opinion By Justice MARTIN RICHTER.

This case arises out of an injury suffered by Bacilio Zapata while performing tree cutting services for Andregg Contracting, Inc.("Andregg"). The trial court concluded Zapata was an independent contractor, and therefore, under a commercial general liability ("CGL") policy issued to Andregg by Mid-Continent Casualty Company ("MCC"), MCC owed a duty to indemnify Andregg for the injury. In two issues on appeal, MCC...

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