June 13, 2008

Mr. Jeffery T. Nobles Beirne Maynard & Parsons, L.L.P. 1300 Post Oak Blvd, Suite 2500 Houston, TX 77056-3000 Mr. Jack G. Carnegie Jones Day 717 Texas Avenue, Suite 3300 Houston, TX 77002-2900

RE: Case Number: 03-0647 Court of Appeals Number: 09-02-00072-CV Trial Court Number: B163-124A

Style: EVANSTON INSURANCE COMPANY v. ATOFINA PETROCHEMICALS, INC.

Dear Counsel:

Today the Supreme Court of Texas delivered the enclosed opinion and judgment in the above-referenced cause. Atofina's motion for rehearing was granted. Evanston's motion for rehearing is denied. The Court's opinion and judgment of February 15, 2008 are withdrawn and the opinion and judgment of this date are issued. The concurring and dissenting opinion by Justice Hecht, issued February 15, 2008, remains in place.

Sincerely, [pic]

Blake A. Hawthorne, Clerk

by Claudia Jenks, Chief Deputy Clerk Enclosures |cc:|Ms. Carol Anne Flores| | | | | |Ms. Lolita Ramos | | |Mr. R. Kinnon Goleman| | | | | |Mr. George S. | | |Christian | | |Ms. Virginia K. | | |Hoelscher | | |Mr. Robert M. Roach | | |Jr. | | |Mr. Thomas D. Caudle |