Fuller v. Travelers Indemnity Co. of Illinois

OPINION ON MOTION FOR REHEARING

BURGESS, Justice.

Our prior opinion of December 16,1993,1 is withdrawn. Regina Fuller brought suit against Travelers Indemnity Company of Illinois (“Travelers Indemnity”) and Travelers Insurance Company (“Travelers Insurance”) seeking damages for the death of her father, Mr. Calvin Fuller.2 The trial court granted Appellees’ Motion for Summary Judgment based on the language of Tex.Rev.Civ.Stat. *960ANN. art. 8306, § 3(e), repealed by Acts 1989, 71st Leg., 2d C.S., ch. 1, § 16,1989 Tex.Gen. Laws 114.3 We reverse the summary judgment. In her Fifth Amended Petition,…