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BITUMINOUS CAS. CORP. v. CLEVELAND

No. 07-05-0235-CV.

223 S.W.3d 485 (2006)

BITUMINOUS CASUALTY CORPORATION, Appellant v. Mona CLEVELAND, Appellee.

Court of Appeals of Texas, Amarillo.

May 24, 2006.

Attorney(s) appearing for the Case

G. Douglas Welch, James L. Wharton, Christopher B. Slayton, Jones Flygare Brown & Wharton, Lubbock, for appellant.

Paul E. Mansur, Denver City, Mike Millsap and Travis S. Ware, Lubbock, for appellant.

Before REAVIS and HANCOCK, JJ. and BOYD, S.J.

OPINION

DON H. REAVIS, Justice.

Appealing from a judgment based upon a jury verdict that appellee Mona Cleveland recover $816,493.69 on her underinsured motorist claim, appellant Bituminous Casualty Corporation presents eight issues. Bituminous contends:

(1) a "treating" physician who is provided information and paid by counsel for reviewing such information in advance of testifying at trial when called by counsel a is "retained" expert; ...

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