Montgomery v. Blue Cross & Blue Shield of Texas, Inc.

CARROLL, Chief Justice.

Pursuant to Rule 79 of the Texas Rules of Appellate Procedure, this Court, on its own motion, elected to resubmit this case en banc. Tex.R.App.P. 79.

Appellants, Richard Montgomery, Shirley Montgomery, and their daughter Stacy Montgomery (“the Montgomerys”), appeal an order granting summary judgment in favor of appellee Blue Cross and Blue Shield of Texas, Inc. (“Blue Cross”) and denying their motion for partial summary judgment. We will reverse the summary judgment in favor of Blue Cross and remand the case to the trial court for further proceedings consistent with this…