Banowsky v. State Farm Mutual Automobile Insurance Co.

REYNOLDS, Chief Justice.

Aggrieved by a take-nothing summary judgment rendered in his action against State Farm Mutual Automobile Insurance Company, Baxter W. Banowsky contends, by four points of error, that State Farm did not establish its right to summary judgment. By cross-point, State Farm maintains that Ba-nowsky did not establish his right to the take-nothing summary judgment rendered on its counterclaim. Based upon the rationale expressed, we will affirm in part and reverse and remand in part.

The litigation underlying this appeal had its genesis in a collision in Dallas between…