Legal Opinion · Dissent

Massey v. Armco Steel Co.

Court of Appeals of Texas

Decided May 13, 1982No. C2927Published

1DissentJames, Justice

I respectfully dissent from the opinion of the majority of this panel. In my opinion, appellant pled a cause of action against all original defendants in this suit, including appellees herein, for a breach of duty of good faith and fair dealing in insurance contracts. I therefore believe that an issue of material fact existed in the trial court below, and that the court erred in entering a summary judgment in favor of appellees. I would reverse the judgment of the trial court and remand the case for a trial on the merits.

This dissent is in complete agreement with the majority’s presentation…

2Cases cited49 opinions

  1. Gruenberg v. Aetna InsuranceCalifornia Supreme Court · 1973
  2. Anderson v. Continental InsuranceWisconsin Supreme Court · 1978
  3. Christian v. American Home Assurance Co.Supreme Court of Oklahoma · 1978
  4. Montgomery Ward & Co. v. ScharrenbeckTexas Supreme Court · 1947
  5. Noble v. National American Life InsuranceArizona Supreme Court · 1981

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