Burks v. XL Specialty Insurance Co.
Court of Appeals of Texas
1Opinion of the Court
SUBSTITUTE OPINION
Sharon McCally, Justice
We overrule the motion for rehearing, withdraw our opinion dated September 15, 2015, and issue the following substitute opinion.
Appellant Roger D. Burks was the chief financial officer of Superior Offshore Inter-nationalj Inc., which had obtained a directors and officers (D & O) insurance *460policy from appellee XL Specialty Insurance Company. Superior Offshore ultimately reorganized through a Chapter 11 bankruptcy, and the plan agent sought to recover property that the company transferred to Burks and to avoid future obligations owed to him. After XL…
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