Travelers Insurance Co. v. Seidel

OPINION

ESQUIVEL, Justice.

This is an appeal from a summary judgment denying a compensation insurance carrier its claim against a third-party tort-feasor and the third-party tortfeasor’s liability insurance carrier for reimbursement of benefits paid by it to the representative of the estate of the deceased worker. We reverse.

From the motions for summary judgment and supporting affidavits it appears that the following facts are undisputed. On February 2, 1979, Donny Ray Flores was killed in an automobile accident while in the course and scope of his employment for appellee C.F. Thomas Company,…