IN RE ESSEX INS. CO.

NO. 13-1006.

450 S.W.3d 524 (2014)

IN RE ESSEX INSURANCE COMPANY, Relator.

Supreme Court of Texas.

Opinion delivered: November 21, 2014.


Attorney(s) appearing for the Case

Bryan P. Vezey , Joseph A. Ziemianski , Cozen O'Connor, Houston, Jason K. Fagelman , Fulbright & Jaworski LLP, Dallas, Marcy Hogan Greer , Alexander Dubose , Jefferson & Townsend, Zachary Spratt Smith, Fulbright & Jaworski LLP, Austin, for Relator.

David Tijerina , Dallas, Roger L. Turk , Thomas J. Henry , Law Offices of Thomas J. Henry, Corpus Christi, for Real Party in Interest Rafael Zuniga.

James Peirce Davis , Joseph M. Heard , Heard & Medack, P.C., Houston, Randal W. Hill , Randal W. Hill, P.C., Corpus Christi, for Real Party in Interest San Diego Tortilla.


Rafael Zuniga sued San Diego Tortilla (SDT) for personal injuries and then added a declaratory judgment claim against SDT's liability insurer, Essex Insurance Company, seeking a declaration that Essex must indemnify SDT for its liability to Zuniga. The trial court denied Essex's motions to dismiss, and the court of appeals denied Essex's petition...

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