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NEW HAMPSHIRE INS. CO. v. MORA

NO. 01-15-00406-CV.

500 S.W.3d 132 (2016)

NEW HAMPSHIRE INSURANCE COMPANY, Appellant v. Candis MORA, Individually, and as Next Friend of Anthony Lorenzo Dean Mora, Emma Elisha Mora, and Francisco John Mora, Minor Children, and as Personal Representative of and Heir to the Estate of Anthony Byron Mora, Deceased, Appellees.

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

Opinion issued July 26, 2016.

Attorney(s) appearing for the Case

Loren R. Smith , Kelly & Smith, P.C., Houston, TX, for Appellant.

Peter M. Kelly , Kelly, Durham & Pittard, L.L.P., Houston, TX, Donna K. Emenhiser , Robert B. Waltman , Waltman & Grisham, Bryan, TX, for Appellees.

Panel consists of Chief Justice Radack and Justices Jennings and Lloyd.

OPINION

In this appeal, we consider whether the trial court erred in granting summary judgment declaring that a subcontractor's workers' compensation carrier had waived its rights of subrogation entitling it to recoup payments made on behalf of its insured. We reverse and remand.

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