Employers Reinsurance Corp. v. Threlkeld & Co. Insurance Agency

OPINION

JAMES T. WORTHEN, Chief Justice.

Employers Reinsurance Corporation (“Employers”) appeals a summary judgment granted in favor of its insured, Threl-keld & Company Insurance Agency (“TCI”). The sole issue on appeal is whether the act of selling a viatical settlement constitutes the “business of insurance,” thereby invoking coverage under TCI’s professional liability policy. We reverse and remand.

Background

From approximately July 1, 1998 through October 1999, TCI served as a “marketing licensee” for First Financial Security of Texas (“First Financial”), a viatical settlement broker. A…