Edinburg Consolidated Independent School District v. St. Paul Insurance Co.

I respectfully dissent. I believe that St. Paul had a duty to defend the Edinburg Consolidated Independent School District after its trustees were dismissed from the suit. Without question, the District is the named insured under the policy. I cannot agree with the majority’s conclusion that *613the insurance policy “undisputedly” insures only the trustees.

The record reflects that St. Paul, in response to interrogatory number four, stated that the District is the named insured under the policy. Based on St. Paul’s response, the District supplemented its summary judgment motion. St. Paul then…