Utica National Insurance Co. of Texas v. American Indemnity Co.

Justice O’NEILL, Justice JEFFERSON, Justice SCHNEIDER, Justice SMITH, Justice WAINWRIGHT, and Justice BRISTER joined.

On motion for rehearing we withdraw our opinion of June 26, 2003, and substitute the following.

In this case, we must interpret the scope of a professional services exclusion in a general liability insurance policy. The insurer argues that the court of appeals erred in affirming the trial court’s judgment that it had a duty to defend and to indemnify its insured, a doctors’ association, against a claim filed by patients who were injured by the administration of contaminated…