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ALVARADO v. LEXINGTON INS. CO.

Nos. 01-10-00740-CV, 01-10-01150-CV.

389 S.W.3d 544 (2012)

Javier ALVARADO, Appellant v. LEXINGTON INSURANCE COMPANY, Appellee.

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

October 18, 2012.

Attorney(s) appearing for the Case

Wyatt David Snider , Snider & Byrd, LLP, Beaumont, TX, Jacqueline M. Stroh , The Law Office of Jacqueline M. Stroh, San Antonio, TX, for Appellant.

William M. Briscoe , Eggleston & Briscoe, LLP, Michael F. Hord , Hirsch & Westheimer, P.C., Houston, TX for Appellee.

Panel consists of Justices KEYES, BLAND, and SHARP.

OPINION ON REHEARING

EVELYN V. KEYES, Justice.

Appellee, Lexington Insurance Company ("Lexington"), moved for rehearing of our April 19, 2012 opinion. We grant the motion for rehearing, withdraw our April 19, 2012 opinion and judgment, and issue this opinion and judgment in their stead. Our disposition remains the same. We dismiss Lexington's May 21, 2012 motion for en banc reconsideration as moot.1

Appellant, Javier...

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