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The intentional act of performing the contract was allegedly performed negligently. The purported damage was an unexpected and undesigned consequence of Gehan's alleged negligence. Therefore, the insurers did not establish as a matter of law that thepetition does not allege an"occurrenceunder the terms of the policy.
November 08, 2004 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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