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CUNNINGHAM v. ZURICH AMERICAN INS. CO.

No. 02-09-00177-CV.

352 S.W.3d 519 (2011)

Robert Gene CUNNINGHAM, Individually and as Representative of the Estate of Patricia Maudine Cunningham, Deceased, Appellant, v. ZURICH AMERICAN INSURANCE COMPANY, Assurance Company of America, and Texas Medical Liability Insurance Underwriting Association, Appellees.

Court of Appeals of Texas, Fort Worth.

September 15, 2011.

Attorney(s) appearing for the Case

Katherine S. Youngblood , Youngblood & Associates, P.L.L.C., Austin, for Appellant.

Paul J. Van Osselaer , and Rebecca Dimasi , Van Osselaer & Buchanan LLP, Austin, for Appellees Zurich American Insurance Company and Assurance Company of America.

John C. Wilson and Joseph Loiacono II , Wilson Grosenheider Jacobs Basinger & Loiacono, L.L.P., Austin, for Appellee Texas Medical Liability Insurance Underwriting Association.

PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

OPINION

LEE ANN DAUPHINOT, Justice.

This appeal arises from a breach of contract claim against the insurance carriers for two defendants in a medical malpractice case. Appellant Robert Gene Cunningham, Individually and as Representative of the Estate of Patricia Maudine Cunningham, Deceased, (Cunningham) appeals from the trial court's order denying his motion for summary judgment and granting summary judgment...

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