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IN RE VESTA INS. GROUP, INC.

Nos. 04-0141, 04-0156, 04-0157, 04-0165, 04-0179.

192 S.W.3d 759 (2006)

In re VESTA INSURANCE GROUP, INC., et al. In re James E. Tait In re Jimmy K. Walker In re William Perry Cronin In re National Benefit Advisory Association, et al.

Supreme Court of Texas.

Rehearing Denied June 30, 2006.

Attorney(s) appearing for the Case

Wade Caven Crosnoe, Thompson Coe Cousins & Irons, L.L.P., Austin, J. Richard Harmon, Shawn W. Phelan, Thompson Coe Cousins & Irons, LLP, Dallas, Ralph H. Duggins, Cantey & Hanger, L.L.P., David F. Farris, Lively, Padfield & Stout, Fort Worth, for Vesta Insurance Group Inc.

Wade Caven Crosnoe, Thompson Coe Cousins & Irons, L.L.P., Austin, for Vesta Fire Insurance Corporation.

Marshall M. Searcy Jr., Brandon T. Hurley, Kelly Hart & Hallman, P.C., Fort Worth, for William Perry Cronin.

R.H. Wallace Jr., Monika G. Cooper, John Christopher Nickelson, Joseph W. Spence, Shannon Gracey Ratliff & Miller, L.L.P., Fort Worth, for James E. Tait.

William L. Kirkman, Bourland & Kirkman, Fort Worth, for Robert H. Merrill, National Benefit Advisory Association, American Administrative Services Inc., Insurance Consultants of America Inc., American Business Management Inc.

Walker C. Friedman, Christian Douglas Tucker, Friedman Suder & Cooke, P.C., Fort Worth, for Jimmy K. Walker.

John L. Malesovas, Malesovas & Martin, L.L.P., Waco, Donald H. Ray, Ray & Wilson, Fort Worth, James A. Baker, Hughes & Luce, LLP, Dallas, for James H. Cashion, Jr.

PER CURIAM.

An insurance company and an independent agent agreed to arbitrate rather than litigate any dispute "under or with respect to" their contract. But when the contract was terminated, the agent neither litigated nor arbitrated his dispute with the company; instead, he filed a tortious interference with contract suit against the insurer's parent company, the agent who took his place, and two officers or affiliates of each. The trial court refused to compel...

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