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SMITH v. AMERICAN ECONOMY INS. CO.

No. 2-89-166-CV.

794 S.W.2d 574 (1990)

Beverly L. SMITH and William Smith, Appellants, v. AMERICAN ECONOMY INSURANCE COMPANY and Lindsey & Newsom Insurance Adjusters, Inc., Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied September 11, 1990.

Attorney(s) appearing for the Case

Frank R. Jewell, Dallas, for appellants.

Strasburger & Price, and P. Michael Jung, Sidney Powell and Paula Denney, Dallas, for appellee American Econ. Ins. Co.

Touchstone, Bernays, Johnston, Beall & Smith, and Mark E. Smith and A. Scott Campbell, Dallas, for appellee Lindsey & Newsom.

Before FARRIS, LATTIMORE and DAY, JJ.

OPINION

FARRIS, Justice.

The Smiths appeal from a grant of summary judgment in favor of the appellees in a workers compensation case. In four points of error, they assert that the trial court erred in granting a Motion for Summary Judgment because: (1) their causes of action are not preempted by the Employee Retirement Income Security Act (hereinafter referred to as "ERISA"); (2) they are not judicially estopped to assert their causes of action; (3) the...

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