H.B. Weyant and Linda Weyant, D/B/A Weyant Containers v. Acceptance Insurance Company
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
The question in this case is whether a surplus lines agent may have authority in excess of that specifically set out in the Texas Surplus Lines Insurance statute. We hold that a surplus lines agent may have such authority. Accordingly, we reverse and remand.
The Weyants appeal the trial court's grant of summary judgment denying their claim against the Acceptance Insurance Company (Acceptance), the surplus lines insurer, because of the Weyants’ reliance upon statements made by Southwestern Surplus Insurance Agency (Southwestern), the surplus lines agent of…
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