IMC Fertilizer, Inc. v. Angus Chemical Co.

OPINION ON REHEARING

FRANK C. PRICE, Justice

(Assigned).

We deny appellee’s motion for rehearing and motion for rehearing en banc, withdraw our opinion of February 2, 1995, and substitute this opinion in its stead.

This case questions the effectiveness of a liability release that names an insured party but not the insurance carrier. The appellants, IMC Fertilizer, Inc., and IMC Fertilizer Group, Inc. (collectively IMC), appeal a partial summary judgment granted in favor of the appellee, Angus Chemical Company (Angus), which finds that an unnamed liability carrier is not released when the insured…