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KENYON v. ELEPHANT INS. COMPANY, LLC

No. 04-18-00131-CV.

628 S.W.3d 868 (2020)

Lorraine KENYON, Individually and as Executrix of the Estate of Theodore Kenyon, Appellant v. ELEPHANT INSURANCE COMPANY, LLC, Appellee.

Court of Appeals of Texas, San Antonio.

Delivered and Filed: April 1, 2020.

Attorney(s) appearing for the Case

APPELLANT ATTORNEY, Ryan G. Anderson , Law Offices of Ryan G. Anderson, PLLC, 405 N. St. Mary's Street, Ste. 800, San Antonio, TX 78205, Daniel J. T. Sciano , Grant T. McFarland , Tinsman & Sciano, Inc., 10107 McAllister Freeway , San Antonio, TX 78216, Jason J. Thompson , The Thompson Law Firm, 10107 McAllister Freeway, San Antonio, TX 78216.

APPELLEE ATTORNEY, William M. Orbelo , Attorney at Law, 118 Broadway, San Antonio, TX 78205-1950, Nissa M. Dunn , Houston Dunn, PLLC, 4040 Broadway Street, Suite 515, San Antonio, TX 78209.

Sitting en banc: Sandee Bryan Marion, Chief Justice, Rebeca C. Martinez, Justice, Patricia O. Alvarez, Justice, Luz Elena D. Chapa, Justice, Irene Rios, Justice, Beth Watkins, Justice, Liza Rodriguez, Justice.

OPINION ON EN BANC RECONSIDERATION

This court previously ordered en banc reconsideration. We now withdraw our prior opinions and judgment and substitute today's opinions and judgment in their stead.

INTRODUCTION

This permissive appeal arises from a wrongful death and survival action...

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