959 S.W.2d 171, 177 (Tex.1997) (lightly restricting holding of Manges while stating that "a holder of executive rights to a mineral estate owes a fiduciary duty to the non-executive interest’.’) 9 . See HECI Exploration Co. v. Neel, 982 S.W.2d 881, 884 (Tex.1998) ("Texas law has never recognized a fiduciary relationship between a lessee and royalty owners.”); Mitchell Energy Corp. v. Samson Resources Co., 80 F.3d 976, 985 (5th Cir.1996)(applying Texas law); Hurd Enters., Ltd. v. Bruni, 828 S.W.2d 101, 112 (Tex.App.-San Antonio 1992, writ denied); Cambridge Oil Co. v. Huggins, 765 S.W.2d 540, 544-45 (Tex.App.-Corpus Christi 1989, writ denied). 10 . Sanus/New York Life Health Plan v. Dube-Seybold-Sutherland Management, Inc., 837 S.W.2d 191, 199 (Tex.App.-Houston [1st Dist.] 1992) (<HOLDING>); LeCuno Oil Co. v. Smith, 306 S.W.2d 190, 192
holding that a claim against health insurers and hmo for a seven week delay in authorizing an autologous bone marrow transplant was preempted by erisa recognizing a cause of action for a breach of fiduciary duty in failing to provide relevant information under section 502a3 of erisa where the fiduciary had knowledge that its failure to provide the participant andor his beneficiaries with complete and accurate information would mislead them as to the coverages in effect holding hmo had fiduciary obligations in its treatment of member physician partnership which was totally dependent on certain patient information and relied exclusively on hmo to provide it holding that the patientphysician privilege does not prevent testimony by a physician as to the fact that he was consulted by a patient on a certain date holding that a malpractice claim against a treating medical provider at an hmo was not preempted