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MASSACHUSETTS BAY INS. CO. v. ADKINS

No. 01-18-00993-CV, No. 01-18-01064-CV, No. 01-18-01071-CV.

615 S.W.3d 580 (2020)

MASSACHUSETTS BAY INSURANCE COMPANY, Appellant, v. Larry ADKINS, as Personal Representative of the Estate of Newbern Brown Adkins, et al., Appellees Larry Adkins, as Personal Representative of the Estate of Newbern Brown Adkins, et al., Appellants v. AXIS Insurance Company, Great American Insurance Company, St. Paul Protective Insurance Company, Travelers Property Casualty Company of America, and United States Fire Insurance Company, Appellees Dorothy Wilson, as Personal Representative of the Estate of Arlie Richard Able, et al., Appellants v. AXIS Insurance Company, Great American Insurance Company, Massachusetts Bay Insurance Company, St. Paul Protective Insurance Company, Travelers Property Casualty Company of America, and United States Fire Insurance Company, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Opinion issued December 3, 2020.

Attorney(s) appearing for the Case

Sheila H. Waite , Touchstone, Bernays, Johnson, Beall, Smith & Stollenwerck, L.L.P., Dallas, Texas, for Appellant in 01-18-00993-CV.

Dawn Woelfel Hansen , Natalie E. Rummel , Touchstone, Bernays, Johnson, Beall, Smith & Stollenwerck, L.L.P., Dallas, Texas, for Appellant in 01-18-00993-CV, Appellees in 01-18-01064-CV, 01-18-01071-CV.

Glen W. Morgan , John Werner , Reaud, Morgan & Quinn, LLP, Beaumont, Texas, for Appellants in 01-18-01064-CV, 01-18-01071-CV, Appellees in 01-18-00993-CV.

James L. Ware , Sheehy, Ware & Pappas, P.C., Jessica Z. Barger , Howard L. Close , J. Andrew Love , Brittany R. Greger , Wright, Close & Barger LLP, Houston, Texas, Lawrence L. Germer , Karen R. Bennett , Germer PLLC, Beaumont, Texas, Andrew T. Frankel (Pro Hac Vice), Simpson Thacher & Bartlett LLP, Alison Baker (Pro Hac Vice), James Ruggeri (Pro Hac Vice), Shipman & Goodwin LLP, for Appellees in 01-18-01064-CV, 01-18-01071-CV. Panel consists of Justices Keyes, Kelly, and Landau.

Panel consists of Justices Keyes, Kelly, and Landau.

OPINION

These three appeals arise out of two asbestos-related personal injury lawsuits: the Adkins litigation, which was originally filed in 1995 in Jefferson County, Texas, and the Able litigation, originally filed in 1992 in Orange County, Texas. In 2017, both lawsuits were transferred to the 11th District Court...

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