No. C-9469.

876 S.W.2d 154 (1994)

Charles SPENCER D/B/A Natural Furniture Store et al., Petitioners, v. EAGLE STAR INSURANCE COMPANY OF AMERICA, Respondent.

Supreme Court of Texas.

February 9, 1994.

Attorney(s) appearing for the Case

Mark Kincaid, Austin, for Nat. Furniture Store.

Joe Longley and Tim Labadie, Austin, for Charles Spencer.

Randy Nelson, Roger D. Higgins, Belinda Vrielink, and Patrick Stolley, Dallas, for Eagle Star Ins. Co.

Justice HECHT delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice GONZALEZ, Justice HIGHTOWER, Justice CORNYN and Justice ENOCH join.

We withdraw our opinion of June 30, 1993, substitute the following in its stead, and overrule respondent's motion for rehearing.

The issue we address in this case is whether error in the instruction accompanying a jury question on liability for an "unfair practice in the business of insurance" made the...

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