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EMPLOYERS REINSURANCE CORP. v. GORDON

No. 06-06-00028-CV.

209 S.W.3d 913 (2006)

EMPLOYERS REINSURANCE CORPORATION, Appellant, v. April GORDON, Individually, and as Next Friend of Dakota Gordon, and Ronnie Gordon, Appellees.

Court of Appeals of Texas, Texarkana.

Decided December 19, 2006.

Attorney(s) appearing for the Case

Jeffery C. Lewis, Atchley, Russell, Waldrop & Hlavinka, LLP, Texarkana, for appellant.

James Craig Orr, Jr., Heygood, Orr, Reyes & Bartolomei, Irving, for appellees.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Justice CARTER.

This is an appeal from a summary judgment entered in favor of April Gordon, Individually, and as Next Friend of Dakota Gordon, and Ronnie Gordon (collectively the Gordons). At issue is the interpretation of a short, seemingly simple provision of a high-low settlement agreement entered into by the Gordons and Employers Reinsurance Corporation (ERC). We reverse and remand.

I. BACKGROUND AND ROLES OF THE PARTIES...

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