Maryland Casualty Co. v. American Home Assurance Co.

OPINION ON REHEARING

TERRY JENNINGS, Justice.

We deny appellees’ motion for rehearing. See Tex.R.App. P. 49.3. We withdraw our October 9, 2008 opinion, substitute this opinion in its place, and vacate our October 9, 2008 judgment.

Appellant, Maryland Casualty Company (“Maryland”), challenges the trial court’s rendition of summary judgment in favor of appellees, American Home Assurance Company (“American”) and Illinois National Insurance Company (“Illinois”), as subrogees of their insured National Equipment Services, Inc. (“NES”). The trial court concluded that American and Illinois are entitled…