Liberty Mutual Insurance Co. v. Lone Star Industries, Inc.

I respectfully dissent.

The proceeding below is a declaratory judgment action in which Lone Star Industries, Inc. brought suit against its insurer, Liberty Mutual Insurance Company, requesting a determination in count I, that Liberty Mutual was obliged to defend Lone Star in separately pending environmental litigation, and in count II, that Liberty Mutual is obliged to indemnify Lone Star for any judgment that may be rendered. The trial court entered an order granting partial summary judgment as to the duty to defend, thus granting most, if not all, of the relief sought by Lone Star in count I.