Ealey v. Insurance Co. of North America

ON MOTION FOR REHEARING

I concur with the reasoning and result reached by the majority and agree that the motion for rehearing should be overruled. Nevertheless, it is worth pointing out that the majority’s opinion is not incompatible with the Court’s holding in Commercial Standard Fire & Marine Insurance Co. v. Martin, 501 S.W.2d 430 (Tex.Civ.App.—Texarkana 1973), judgment modified, 505 S.W.2d 799 (Tex.1974), and therefore, I do not believe that Commercial Standard has in any way been overruled.

In Commercial Standard, a worker’s compensation claimant filed an appeal against two insurance…