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TEXAS PROPERTY AND CAS. INS. v. BROOKS

No. 03-06-00312-CV.

269 S.W.3d 645 (2008)

TEXAS PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION FOR PETROSURANCE CASUALTY COMPANY, Impaired Insurer, Appellant, v. Randy BROOKS, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled November 19, 2008.

Attorney(s) appearing for the Case

David L. Swanson, Stone Loughlin & Swanson, L.L.P., Austin, for appellant.

Scott A. Stewart, Horsley & Stewart, Dallas, for appellee.

Before Justices PATTERSON, PEMBERTON and WALDROP.

OPINION

G. ALAN WALDROP, Justice.

Appellee Randy Brooks was injured in an automobile accident while driving home from his job as a driller on an oil rig. After the Texas Department of Insurance Workers' Compensation Division determined that Brooks's injury was not compensable because he was not "in the course and scope of employment" at the time of his injury, Brooks brought suit against appellant Texas Property and Casualty Insurance Guaranty Association...

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