June 22, 2012

Mr. P. M. Schenkkan Graves Dougherty Hearon & Moody PC Congress Avenue, Suite 2200 Austin, TX 78701 Mr. Byron C. Keeling Keeling & Downes, P.C.

1500 McGowen, Suite 220 Houston, TX 77004 RE: Case Number: 08-0751 Court of Appeals Number: 01-06-00897-CV Trial Court Number: 05-CV-0796 Style: TEXAS MUTUAL INSURANCE COMPANY v. TIMOTHY J. RUTTIGER Dear Counsel: Today the Supreme Court of Texas withdrew the Court's opinion and judgment issued August 26, 2011 and the opinion and judgment issued this date are substituted. The concurring opinion and dissenting opinion issued August 26, 2011 are withdrawn and the opinions of this date are substituted. You may obtain a copy of the opinion at: http://www.supreme.courts.state.tx.us/historical/recent.asp. If you would like the opinion by email, please contact Claudia Jenks at [email protected] or call (512)463-1312 ext. 41367.

Sincerely, [pic] Blake A. Hawthorne, Clerk by Claudia Jenks, Chief Deputy Clerk

Enclosure |cc:|Ms. M. Karinne | | |McCullough | | |Ms. Latonia Renee | | |Wilson |