DISSENTING OPINION ON MOTION FOR EN BANC RECONSIDERATION
SAM NUCHIA, Justice (Retired).
I respectfully dissent. I believe the dispositive issue in this appeal is whether a person who is not a party to an insurance policy can nonetheless recover from the insurance company or its agent because of incorrect information regarding the scope of coverage. Here, the noninsured person sued the insurance company and its agent on negligence and DTPA
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