Roberson v. Allstate Insurance Company

TIREY, Justice.

This is a suit on an automobile insurance policy brought by the owner of the automobile and the mortgagee against the insurance carrier. The trial court sustained defendant’s motion for summary judgment and the plaintiffs have appealed. The cause is here by virtue of an order of the Supreme Court equalizing the dockets of the Courts of Civil Appeals.

The judgment is assailed on three points, and they are substantially: (1) the .court erred in rendering judgment for defendant and against the -mortgagee because as a matter of law under the undisputed facts the insurance policy was…