Lorraine Kenyon, Individually and as of the Estate of Theodore Kenyon v. Elephant Insurance Company, LLC ( 2020 )

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