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MENDEZ v. ALLSTATE PROPERTY & CAS. INS. CO.

No. 05-05-00697-CV.

231 S.W.3d 581 (2007)

Jose D. MENDEZ and Angela T. Mendez, Individually and on Behalf of Jose D. Mendez, Jr., a Minor Child, Appellant v. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY a/k/a Allstate County Mutual Insurance Company, Appellee.

Court of Appeals of Texas, Dallas.

August 20, 2007.

Attorney(s) appearing for the Case

John Parrish Chupp, Humberto Guerrero, The Guerrero Law Offices, Dallas, for Appellant.

Robert Allen Clarkson, Donnie Wilson Wisenbaker, Jr., Thompson, Coe, Cousins & Irons, L.L.P., Dallas, for Appellee.

Before Justices MOSELEY, BRIDGES, and RICHTER.

OPINION

Opinion by Justice RICHTER.

This case involves a determination of whether an insured under an automobile insurance policy was entitled to recover medical benefits from the insurer after he extinguished the insurer's right to subrogation by settlement with a third party. Jose Mendez and Angela Mendez, individually and on behalf of Jose Mendez, Jr. (collectively, Mendez) argue that the trial court erred when it granted Allstate's traditional motion...

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