Forbau Ex Rel. Miller v. Aetna Life Insurance Co.

DOGGETT, Justice, joined by HIGHTOWER and GAMMAGE, Justices,

delivered this Supplemental Dissenting Opinion on Petitioner’s Motion for Rehearing.

[January 5, 1994]

In again rejecting Amy’s plea for relief, the majority leaves all Texans without the security that should be at very core of health insurance.

At least today’s substituted opinion has abandoned footnote five of the majority’s pri- or writing, which suggested that ambiguities are not to be resolved against the insurer in an ERISA plan. See 36 Tex.Sup.Ct.J. 860, 864 n. 5. I have previously explained the reasons for rejecting this…