Sanders v. American Protection Insurance Co‪.‬

Margaret A. Sanders brings this interlocutory appeal challenging the denial of her motion for partial summary judgment and the grant of partial summary judgment in favor of American Protection Insurance Company (API). See Tex. Civ. Prac. & Rem. Code § 51.014(d) (Vernon Supp. 2007) (district court may issue written order for otherwise unappealable interlocutory appeal under certain circumstances). In a single issue, Sanders contends the trial court erred by determining API did not waive its right to contest her injury under section 409.021(c) of the Texas Labor Code. For the following reasons, we sustain Sanderss sole issue, reverse the trial courts order granting APIs motion for partial summary judgment, and render judgment granting Sanderss motion for partial summary judgment.