Trinity Universal Insurance Co. v. Fidelity & Casualty Co.

OPINION

BAKER, Justice.

This is a declaratory-judgment action tried on stipulated facts. Trinity, as subro-gee to its insured’s rights, sued Fidelity. The trial court found for Fidelity. Trinity contends the trial court erred because Fidelity was also liable for the loss. We reverse and render.

NATURE OF THE CASE

Trinity and Fidelity stipulated to the facts and documentary evidence. The trial court’s judgment states:

The Plaintiffs and Defendant appeared by counsel and announced ready. Counsel for both parties presented to the Court an agreed Stipulation of Facts. Thereafter, Plaintiffs filed with…