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INSURANCE CO. OF NORTH AMERICA v. WRIGHT

No. 01-93-00327-CV.

886 S.W.2d 337 (1994)

INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. Sue WRIGHT, Individually and as Administratrix of the Estate of Bobby Clinton Wright, Deceased, and Gary Wright, Mark Wright, and Jeff Wright, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled October 6, 1994.

Attorney(s) appearing for the Case

Gary A. Scarzafava, Kathleen Walsh Beirne, Annelie Menke, Houston, for appellant.

Richard Warren Mithoff, Tommy Jacks, Scott Rothenberg, Houston, for appellees.

Before COHEN, WILSON and ANDELL, JJ.

OPINION

COHEN, Justice.

Appellant, Insurance Company of North America (ICNA), appeals the trial court's approval of an apportionment of settlement proceeds.

Factual and procedural background

In March 1991, Bobby Clinton Wright was killed when a train hit his pickup truck. Wright, self-employed, was killed in the course and scope of his employment. ICNA was his worker's compensation carrier.

Wright was survived by his wife Sue, his...

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