Legal Opinion

H.B. Weyant and Linda Weyant, D/B/A Weyant Containers v. Acceptance Insurance Company

Court of Appeals for the Fifth Circuit

Decided January 9, 1991No. 89-2566PublishedCited by 27 opinions

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…

2Cases cited9 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Odie Joe Reid v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1986
  4. Kenneth Walker v. Sears, Roebuck & Co.Court of Appeals for the Fifth Circuit · 1988
  5. Southmark Properties and St. Charles Avenue, Inc. v. The Charles House CorporationCourt of Appeals for the Fifth Circuit · 1984

4 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Antonio Chiari v. City of League CityCourt of Appeals for the Fifth Circuit · 1991
  2. James W. McCarty v. United StatesCourt of Appeals for the Fifth Circuit · 1991
  3. Willie Ray Williams v. Wayne Scott, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1994
  4. Harbor Insurance Co. v. Urban Construction Co. And Augusta Court Co-Owners Association, Inc., Urban Construction Co.Court of Appeals for the Fifth Circuit · 1993
  5. Hines v. Massachusetts Mut. Life Ins. Co.Court of Appeals for the Fifth Circuit · 1995

22 more not listed; retrieve them via the Exa API.

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