Bituminous Casualty Corp. v. Maxey

OPINION ON MOTION FOR REHEARING

EVELYN V. KEYES, Justice.

On this day, the Court considered appellant’s motion for rehearing en banc. The motion is denied. However, we withdraw our opinion of March 27, 2003, and issue this opinion in its stead.

This is an appeal from a declaratory judgment holding that Bituminous Casualty Corporation (“Bituminous”) is obligated to' indemnify L & R Timber, Inc., and its employee, Billy Wiggins, for the judgment awarded in cause number 17,746 to Kathy Maxey, individually and as next friend of Kristen Tucker (collectively referred to as “Maxey”). We reverse and…