Millers Mutual Fire Insurance v. Ed Bailey, Inc.

BISTLINE, Justice.

I

This is a declaratory judgment action brought to determine whether plaintiff-respondent Millers Mutual Fire Insurance Company of Texas, Inc., [Millers] under the terms of a policy it issued to defendant-appellant Ed Bailey, Inc., [Bailey] is required to defend or indemnify Bailey, in a suit brought by third parties against Bailey. The parties stipulated to the following facts.

On June 1, 1974, Millers issued a comprehensive general liability policy to Bailey’s predecessor in interest, B & G Urethane, Inc. The policy ran from June 1, 1974 to June 1, 1975. The pertinent…