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CHANDLER v. JORGE A. GUTIERREZ, P.C.

No. 03-94-00683-CV.

906 S.W.2d 195 (1995)

Preston J. CHANDLER, Jr. and Preston J. Chandler, Jr., a Professional Association, Appellants, v. JORGE A. GUTIERREZ, P.C., as Special Deputy Receiver for Empire Casualty Company, in Receivership, and J. Robert Hunter, Commissioner of the Texas Department of Insurance, in his Capacity of Permanent Ancillary Receiver for Empire Casualty Company, in Receivership, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 11, 1995.

Attorney(s) appearing for the Case

Ronald D. Wren, Bedford, for appellants.

Gabriel Garcia, Jorge A. Gutierrez, P.C., Austin, for appellees.

Before CARROLL, C.J., and ABOUSSIE and JONES, JJ.

ABOUSSIE, Justice.

This cause addresses the failure of a claimant to timely file a proof of claim with the receiver of an insolvent insurance company when the claims were unknown and could not have been known until after the filing deadline had passed. Claimant Preston J. Chandler Jr. and Preston J. Chandler, Jr., a Professional Association, appeal the trial court's grant of summary judgment in favor of appellees Jorge Gutierrez, P.C., as special deputy receiver for...

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