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NATIONWIDE PROP. & CAS. INS. v. McFARLAND

No. 05-93-01561-CV.

887 S.W.2d 487 (1994)

NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant, v. Jimmy McFARLAND and Donald Mashewske, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled November 28, 1994.

Attorney(s) appearing for the Case

Michael W. Minton, Barbknecht & Tait, P.C., Dallas, for appellant.

Steven Aldous, Richard Sayles, Sayles & Lidji, Dallas, for appellees.

Before LAGARDE, BARBER and WHITTINGTON, JJ.

OPINION

WHITTINGTON, Justice.

In this appeal, we must decide whether Nationwide Property and Casualty Insurance Company (Nationwide) has a duty to defend Donald Mashewske under an automobile insurance policy issued to Jimmy McFarland. In the trial court, Nationwide sought a declaration that Mashewske was not a "covered person" under the policy. McFarland counterclaimed against Nationwide seeking the opposite declaration. Nationwide and McFarland both filed...

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