in Re National Unity Insurance Company and David Hadley ( 2015 )

IN THE TENTH COURT OF APPEALS No. 10-15-00169-CV IN RE NATIONAL UNITY INSURANCE COMPANY AND DAVID HADLEY Original Proceeding MEMORANDUM OPINION Relator’s petition for writ of mandamus is denied. AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins (Chief Justice Gray dissenting with a note)* Petition denied Opinion delivered and filed July 2, 2015 [OT06] *(Chief Justice Gray dissents. A separate opinion will not issue. He notes that the purpose for the statutory notice period cannot be fulfilled if its required time period before filing suit is simply ignored and other meters and clocks run unabated. As for the EUO, what’s the point of a contractual right if it can be completely negated by prematurely filing suit.) In re National Unity Insurance Company Page 2