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PERFORMANCE INS. CO. v. FRANS

No. 01-93-00314-CV.

902 S.W.2d 582 (1995)

PERFORMANCE INSURANCE COMPANY, Successor in Interest to Texas Employers Insurance Association, Appellant, v. Shirley FRANS, a Widow, Individually and as the Natural Guardian and Next Friend of Michael D. Frans, Jr., a Minor, and as the Administratrix and Personal Representative of the Estate of Michael D. Frans, Sr., Deceased, Appellee.

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

Rehearing Overruled May 19, 1995.

Attorney(s) appearing for the Case

Mark T. Curry, Houston, for appellant.

John D. Wittenmyer, Houston, for appellee.

Before O'CONNOR, HEDGES and DUGGAN, JJ.

OPINION

LEE DUGGAN, Jr., Justice (Retired)*.

This appeal involves a workers compensation insurance carrier, which paid death benefits to a covered employee's survivors and beneficiaries and thereafter intervened in a suit filed by the survivors and beneficiaries against alleged third party tortfeasors. The carrier appeals the trial court's judgment approving a settlement and apportioning the settlement proceeds. In three points...

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