NAT. UNION FIRE v. MERCH. FAST MOTOR LINES

No. 96-0633.

939 S.W.2d 139 (1997)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Petitioner, v. MERCHANTS FAST MOTOR LINES, INC., Merchants of Texas, Inc., Merchants Truckload Company, Inc., and Gordon D. Hart, Respondents.

Supreme Court of Texas.

February 21, 1997.


Attorney(s) appearing for the Case

Susan L. Abbott-Schwartz, Dana Shelhimer, Dallas, for Petitioner.

Malcolm Schulz, Abilene, Arlen D. Bynum, Dallas, for Respondents.


OPINION

PER CURIAM

This is a declaratory judgment action. The issue is whether a truck driver's allegedly negligent discharge of a gun, killing a passenger in another vehicle, triggers a duty to defend under the truck owner's vehicle liability policy. The trial court rendered summary judgment holding the insurer had no duty to defend. The court of appeals reversed. We reverse the judgment of the court of appeals...

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