Legal Opinion
Thos. S. Byrne, Ltd. v. Trinity Universal Insurance Co.
Texas Court of Appeals, 5th District (Dallas)
Decided November 3, 2009No. 05-07-01255-CVPublishedCited by 1 opinion
1Opinion of the Court
OPINION
Opinion by
Justice FITZGERALD.
Appellant Thos. S. Byrne, Ltd. sued ap-pellees for a judgment declaring that they owed Byrne a duty to defend in connection with a separate underlying lawsuit. The trial court granted summary judgment in favor of appellees, concluding that they owed Byrne no duty to defend or indemnify. We reverse and remand.
I. Background
A. Facts
Maple Villas, L.P. decided to build an apartment complex. It financed the construction by borrowing $22.6 million from Mercantile Safe Deposit & Trust Co. in 1996. Mercantile also retained an option to purchase the complex. In 1997,…
2Cases cited13 opinions
- Western Investments, Inc. v. UrenaTexas Supreme Court · 2005
- National Union Fire Insurance Co. of Pittsburgh v. Merchants Fast Motor Lines, Inc.Texas Supreme Court · 1997
- Lamar Homes, Inc. v. Mid-Continent Casualty Co.Texas Supreme Court · 2007
- Allstate Insurance Co. v. HallmanTexas Supreme Court · 2005
- Guideone Elite Insurance Co. v. Fielder Road Baptist ChurchTexas Supreme Court · 2006
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