TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON MOTION FOR REHEARING

NO. 03-06-00208-CV

Shelly Frank, as Beneficiary of Eric Frank, Deceased, Appellant

v.

Liberty Insurance Corporation, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT

NO. D-1-GN-05-001135, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING

PER CURIAM

Liberty Insurance Corporation has filed a motion for rehearing. The motion is denied.

It is ordered May 16, 2008.

Before Justices Pemberton, Waldrop and Henson;

Dissenting Opinion by Justice Waldrop