BROWN & BROWN OF TEXAS, INC. v. OMNI METALS

No. 01-05-01190-CV.

324 S.W.3d 613 (2009)

BROWN & BROWN OF TEXAS, INC. f/k/a Poe & Brown of Texas, Inc. and Transcontinental Insurance Company, Appellants, v. OMNI METALS, INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

December 17, 2009.


Attorney(s) appearing for the Case

Henry S. Platts Jr. , Beirne, Maynard & Parsons, LLP, Houston, TX, Russell J. Bowman , Scott, Bowman & Stella, Dallas, TX, for Appellants.

Mark C. Harwell , Cotham, Harwell & Evans, Houston, TX, for Appellee.

Panel consists of Justices KEYES, HIGLEY, and NUCHIA.


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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