St. Paul Surplus Lines Ins. Co., Inc. v. Dal-Worth Tank

REYNOLDS, Chief Justice.

Complaining of the existence of a Mary Carter agreement, lack of or insufficient evidence to support the judgment rendered against it, and errors in the award of damages, St. Paul Surplus Lines Insurance Co., Inc. (St. Paul) presents fifty-six points of error 1 to appeal from the judgment in favor of Dai-Worth Tank Co., Inc. (Dai-Worth) 2 and Mission Butane Gas Co. (Mission Butane). Dai-Worth counters with a cross-point, asserting its entitlement to exemplary damages and attorney’s fees. Based upon the authorities cited and the rationale expressed, we will reverse the…