Samford v. Allstate Insurance Co.

OPINION

YOUNG, Justice.

This summary judgment action arose from a suit brought by Ralph W. Samford and Danny L. Samford against Allstate Insurance Company. There the plaintiffs sought to recover from Allstate, as liability insurer of R. R. Duff, based on plaintiffs’ prior judgment against Duff. The amount sought was the excess of Duff’s policy limits. Because the Samfords failed to allege an actionable cause of action in their original petition, the trial court granted Allstate’s motion for summary judgment. The Samfords appeal.

Appellants’ cause of action now on appeal here was based on the…