Safeco Insurance Co. of America v. Gaubert

OPINION

STEWART, Justice.

Safeco Insurance Company of America (Safeco) sued Thomas M. Gaubert, Barbara A. Gaubert (Gaubert) and John R. Barnes (Barnes) for breach of an indemnity contract. The trial court granted summary judgment for Gaubert and Barnes and denied Safeco’s motion for summary judgment. In seven points of error, Safeco argues that the trial court erred in denying its motion because (1) the evidence conclusively established that appellees were liable under the indemnity agreement, (2) Safeco was not required to establish that it was liable on the bond, (3) rule 54 of the Texas…