Schwartz v. Insurance Co. of Pennsylvania

OPINION

GEORGE C. HANKS, JR., Justice.

We withdraw our opinion issued June 19, 2008 and issue this one in its stead. We deny Rosa Schwartz’s motion for rehearing. Our judgment in this case remains unchanged.

Schwartz sued The Insurance Company of the State of Pennsylvania, Gallagher Basset Services, Inc., and Belinda Ybarra (collectively, “Gallagher”) for damages arising from Gallagher’s alleged unreasonable delay and denial in authorizing her requested foot surgery. The trial court granted Gallagher’s plea to the jurisdiction. In two issues, Schwartz contends that the trial court erred in (1)…