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EMPLOYERS REINSURANCE CORP. v. THRELKELD & CO. INS. AGENCY

No. 12-03-00036-CV.

152 S.W.3d 595 (2003)

EMPLOYERS REINSURANCE CORPORATION, Appellant, v. THRELKELD & COMPANY INSURANCE AGENCY d/b/a Threlkeld & Company Insurance d/b/a Threlkeld Financial Group, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Overruled February 5, 2004.

Attorney(s) appearing for the Case

Richard Grainger, Tyler, for appellant.

David J. Bush, Ken W. Good, Kent Good & Anderson, Tyler, for appellee.

Panel consisted of WORTHEN, C.J. and GRIFFITH, J.

OPINION

JAMES T. WORTHEN, Chief Justice.

Employers Reinsurance Corporation ("Employers") appeals a summary judgment granted in favor of its insured, Threlkeld & Company Insurance Agency ("TCI"). The sole issue on appeal is whether the act of selling a viatical settlement constitutes the "business of insurance," thereby invoking coverage under TCI's professional liability policy. We reverse and remand.

BACKGROUND

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