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FRESH COAT, INC. v. K-2, INC.

No. 08-0592.

318 S.W.3d 893 (2010)

FRESH COAT, INC., Petitioner, v. K-2, INC., Respondent.

Supreme Court of Texas.

Decided August 20, 2010.

Attorney(s) appearing for the Case

Kevin D. Jewell, Chamberlain, Hrdlicka, White, Williams & Martin, Robert H. Bateman, Adam Brett Chambers, Bateman/Pugh, P.L.L.C., Houston, for Petitioner.

Thomas C. Wright, Richard Russell Hollenbeck, Michael A. Choyke, Wright Brown & Close, LLP, Houston, William V. Dorsaneo III, SMU School of Law, Dallas, Ralph Edward Gustafson, Wade B. Reese, Tucker, Taunton, Snyder & Slade, Houston, William Allen Adair, Conroe, Bradley Wayne Snead, Wright Brown & Close, LLP, Houston, for Respondent.

Justice WILLETT delivered the opinion of the Court.

This indemnity case concerns products-liability litigation in the residential construction industry. Specifically, we examine a synthetic stucco manufacturer's duty to indemnify a contractor under Chapter 82 of the Texas Civil Practice and Remedies Code. Two threshold questions are paramount: (1) Is synthetic stucco a "product"? and (2) Is the contractor that installs it on a house a "seller"? We answer yes to both...

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