Smith v. City of Lubbock

Opinion

BRIAN QUINN, Chief Justice.

Robert Smith (Smith) appeals from summary judgments entered in favor of the City of Lubbock (the City) and St. Paul Fire and Marine Insurance Company (St. Paul). He sued both entities to recover damages allegedly encompassed by an un-derinsured/uninsured auto liability policy acquired by the City from St. Paul. We affirm in part and reverse in part.

Summary Judgment Favoring St. Paul

Because of its ease in disposition, we first address whether St. Paul was entitled to summary judgment. During oral argument, the insurer conceded that the decree involving it…