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ROOT v. BRODHEAD

No. 3-92-189-CV.

854 S.W.2d 706 (1993)

Peggy ROOT, Angela Root, Raylin Massey, George Root and Judy Hall Cummings, Appellants, v. Eugene A. BRODHEAD, Receiver For Carriers Insurance Company, in Receivership, Appellee.

Court of Appeals of Texas, Austin.

Motion to Publish Granted June 9, 1993.

Attorney(s) appearing for the Case

Kevin Burchfield, Waldman, Smallwood, Grossman & Carpenter, P.C., Nederland, for appellants.

Paul D. Carmona, Morehead Jordan & Carmona, Austin, for appellee.

Before POWERS, ABOUSSIE and B.A. SMITH, JJ.

POWERS, Justice.

Peggy Root, Angela Root, Raylin Massey, George Root, and Judy Hall Cummings ("the plaintiffs") appeal from a summary judgment granted Eugene A. Brodhead, receiver for Carriers Insurance Company ("the receiver") in plaintiffs' action upon a rejected claim pursuant to Tex.Ins. Code Ann. art. 21.28, § 3(h) (West Supp. 1993). We will affirm the judgment.

THE CONTROVERSY

On January 30, 1985, a collision occurred between an automobile...

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