Sparks v. Aetna Life & Casualty Co.

ON MOTION FOR REHEARING OUR FORMER OPINION IS WITHDRAWN AND THE FOLLOWING OPINION SUBSTITUTED

AKIN, Justice.

This is an appeal from a summary judgment granted Aetna Life and Casualty Company and from a judgment rendered on stipulated facts pursuant to Tex.R.Civ.P. 263 in favor of Southern County Mutual Insurance Company. Plaintiff Sparks sued the insurance companies on a judgment which she had previously obtained against Rodney Pinset, who was an omnibus insured under a policy issued by Southern County. When this suit was instituted, Aetna alone was named as a defendant; however, plaintiff then…