Kemp v. Fidelity & Casualty Co. of New York

McCLOUD, Chief Justice.

This is a case of first impression in Texas. Appellants, William Kemp and wife, Ruby Kemp, Garrett Bell and Clyde Wayne Bell, contend they are entitled to recover from their respective uninsured motorist insurers the difference between their actual recovery from a third-party tort-feasor, who carried the statutory minimum limits of liability insurance, and the $10,000.00 per person limits provided in their respective policies.

All parties filed motions for summary judgment. The motions of appellees, Fidelity and Casualty Company of New York, Fireman’s Fund American…