Indiana Lumbermens Mutual Insurance Co. v. Metro Material Marketing, Inc.

I cannot agree that the liability of Indiana Lumbermens is established as a matter of law. Instead, I would reverse and render in favor of Indiana Lumbermens on the authority of Paramount Fire Insurance Co. v. Aetna Casualty & Surety Co., 163 Tex. 250, 353 S.W.2d 841 (Tex.1962). I would so hold because the summary judgment evidence establishes, as a matter of law, that Metro, the vendee, had a policy of insurance with Gulf Insurance Company covering the interest of the vendee. Thus, Paramount controls. Additionally, I fail to understand how a constructive trust can be imposed as a…