Certain Underwriters at Lloyd's, London v. Smith

This case presents facts almost identical to those in Tamez v. Certain Underwriters at Lloyd’s, London, 999 S.W.2d 12 (Tex.App.-Houston [14th Dist.] 1998, pet. denied). After six months of drafting, this court was prepared to issue three opinions on April 25, 2002: a majority opinion by Justice Fowler following Tamez, a dissenting opinion by Justice Seymore finding Tamez wrongly decided, and my concurring opinion that follows as an appendix.

A few days before issuance, appellees’ counsel notified the court that the parties had reached an agreement to settle the case. Because a minor was…