Employers Reinsurance Corp. v. Gordon

OPINION

Opinion by Justice CARTER.

This is an appeal from a summary judgment entered in favor of April Gordon, Individually, and as Next Friend of Dakota Gordon, and Ronnie Gordon (collectively the Gordons). At issue is the interpretation of a short, seemingly simple provision of a high-low settlement agreement entered into by the Gordons and Employers Reinsurance Corporation (ERC). We reverse and remand.

I. BACKGROUND AND ROLES OF THE PARTIES

In 1999, April and Ronnie Gordon sued Good Shepherd Medical Center alleging neghgence in connection with a brain injury sustained by their daughter. The…