Lorraine Kenyon, Individually and as of the Estate of Theodore Kenyon v. Elephant Insurance Company, LLC

Opinion

Fourth Court of Appeals San Antonio, Texas

JUDGMENT No. 04-18-00131-CV

Lorraine KENYON, Individually and as Executrix of the Estate of Theodore Kenyon, Appellant

v.

ELEPHANT INSURANCE COMPANY, LLC, Appellee

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2016CI14055 Honorable Michael E. Mery, Judge Presiding

BEFORE THE EN BANC COURT

In accordance with this court’s opinion of this date, we withdraw this court’s April 24, 2019 opinions and judgment and substitute today’s opinions and this judgment in their stead.

We DISMISS appellant’s issues relating to her misrepresentation claims under the Texas Deceptive Trade Practices Act and Insurance Code. We REVERSE the summary judgment as to Kenyon’s claims of negligent undertaking, negligent training, common law negligence, and gross negligence.

We ORDER that appellant recover the costs she incurred related to this appeal from appellee.

SIGNED April 1, 2020.

_____________________________

Luz Elena D. Chapa, Justice