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NATIONAL PLAN ADM'RS INC. v. NAT. HEALTH INS. CO.

No. 03-03-00306-CV.

150 S.W.3d 718 (2004)

NATIONAL PLAN ADMINISTRATORS, INC. and CRS Marketing Agency, Inc., Appellants, v. NATIONAL HEALTH INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled November 18, 2004.

Attorney(s) appearing for the Case

Darryl W. Pruett, Robert J. Kleeman, Hall & Kleeman, PLLC, J. Woodfin Jones, Dana Livingston Cobb, Alexander Dubose Jones & Townsend, LLP, Austin, for Appellants.

William L. Kirkman, Thomas M. Michel, Bourland, Kirkman, Seidler, Jay & Michel, LLP, Fort Worth, for Appellee.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

Rehearing En Banc Overruled November 18, 2004.

OPINION

W. KENNETH LAW, Chief Justice.

In this case, we must consider the nature of the relationships among an underwriter, a marketing agency, and a third-party administrator in the insurance industry. The trial court determined that the third-party administrator owed the underwriter a fiduciary duty, and a jury assessed damages. In addition, the jury determined that the marketing agent and the...

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