American Eagle Insurance Co. v. Nettleton

OPINION

BARAJAS, Chief Justice.

This is an appeal from a summary judgment in favor of Appellee. In an earlier suit, Appellee, as an assignee of Appellant’s insureds, obtained a judgment against them. Appellee then sued Appellant to recover the judgment and statutory penalties. We reverse and remand.

I. SUMMARY OF THE EVIDENCE

A The Crash

On January 28, 1990, Appellee’s husband, John J. Collins, died in the crash of an airplane piloted by Philip C. Barrett and owned by West Texas Air Museum in El Paso, Texas. After taking off from West Texas Airport, Barrett passed the controls to Collins, a…