Spencer v. Eagle Star Insurance Co. of America

Chief Justice PHILLIPS, Justice GONZALEZ, Justice HIGHTOWER, Justice CORNYN and Justice ENOCH join.

We withdraw our opinion of June 30, 1993, substitute the following in its stead, and overrule respondent’s motion for rehearing.

The issue we address in this case is whether error in the instruction accompanying a jury question on liability for an “unfair practice in the business of insurance” made the question immaterial or merely defective. If the question is immaterial, the trial court properly disregarded the jury’s affirmative answer and rendered judgment notwithstanding the verdict for the…