Carroll v. Employers Casualty Co.

KEITH, Justice.

The appeal is from a summary judgment entered in a declaratory judgment action. Employers Casualty Company (hereinafter “insurer”) brought suit for declaratory judgment against Donald J. Carroll and Eastex, Inc., seeking a declaration that it had no obligation to defend Carroll in a third party action pending in the federal court at Marshall, or to pay any sums which might be adjudged against Carroll in such suit.

The summary judgment proof included depositions from Carroll and his wife as well as Carroll’s affidavit. Other proof included affidavits, pleadings in the federal…