MICHAEL E. BLACK PROFIT SHARING PLAN v. STEPHENS

No. 07-97-0369-CV.

973 S.W.2d 451 (1998)

MICHAEL E. BLACK PROFIT SHARING PLAN, Appellant, v. Jack Alexander STEPHENS and Curtis Johnson, Appellees.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled August 18, 1998.


Attorney(s) appearing for the Case

Paul H. Williamson, Lance E. Mullins, Burdett, Morgan & Thomas, LLP, Amarillo, for appellant.

Oth Miller, Miller, Gutzmer, Vandivere & Hancock, PC, Amarillo, for appellees.

Before QUINN and REAVIS, JJ., and REYNOLDS, Senior Justice.


REYNOLDS, Senior Justice (Retired).

This appeal requires us to determine whether the trial court correctly held that lienholder Curtis Johnson, the named loss payee in a policy of fire insurance issued to Jack Alexander Stephens, was entitled to all the policy proceeds to the exclusion of lienholder Michael E. Black Profit Sharing Plan (Black), with whose predecessor Stephens contracted to, but did not, name as a loss payee. Crediting the court with a correct holding...

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