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EQUITABLE RECOVERY, L.P. v. HEATH INS. BROKERS OF TEXAS, L.P.

No. 05-05-01146-CV.

235 S.W.3d 376 (2007)

EQUITABLE RECOVERY, L.P., Appellant v. HEATH INSURANCE BROKERS OF TEXAS, L.P., Heath Insurance Brokers, Inc., Heath Holdings USA, Inc., and HIB GP, Inc., Appellees.

Court of Appeals of Texas, Dallas.

September 13, 2007.

Attorney(s) appearing for the Case

Thomas M. Farrell, Nickens Keeton Lawless Farrell & Flack LLP, Houston, TX, for Appellant.

Michael A. Swartzendruber, Fulbright & Jaworski, L.L.P., Dallas, TX, Michael J. Cawley, Wilson Elser Moskowitz Edelman & Dicker LLP, Philadelphia, PA, G. Byron Sims, Houston, TX, for Appellee.

Before Justices WHITTINGTON, MOSELEY, and O'NEILL.

OPINION

Opinion by Justice O'NEILL.

Appellant Equitable Recovery, L.P. (Equitable), as assignee of claims previously owned by 22 Texas Services, L.P. and 22 Keystone Services, L.P. (22s), sued Appellees Heath Insurance Brokers of Texas, L.P., Heath Insurance Brokers, Inc., Heath Holdings USA, Inc., and HIB GP, Inc. (Heath), for fraud, negligent misrepresentation, Texas Insurance Code violations, fiduciary duty breach, and common law contribution and indemnity...

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