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SAMFORD v. ALLSTATE INS. CO.

No. 994.

529 S.W.2d 84 (1975)

Ralph W. SAMFORD et al., Appellants, v. ALLSTATE INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied November 6, 1975.

Attorney(s) appearing for the Case

William H. Berry, Jr., Corpus Christi, for appellants.

James W. Wray, Jr., Dyer, Redford, Burnett, Wray & Woolsey, Corpus Christi, for appellee.

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...

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