ORTIZ v. GREAT SOUTHERN FIRE & CAS. INS. CO.

No. B-8981.

597 S.W.2d 342 (1980)

Mike ORTIZ et ux., Petitioners, v. GREAT SOUTHERN FIRE AND CASUALTY INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied April 16, 1980.


Attorney(s) appearing for the Case

Brown & Brown, Sam Brown and Carlton McLarty, Lubbock, for petitioners.

Bill Davis, Lubbock, for respondent.


SPEARS, Justice.

The question presented is whether an insurer is entitled to complete reimbursement out of a third-party tortfeasor's settlement payment which only partially compensates the insureds' loss. The trial court rendered summary judgment allowing the insurer subrogation in an amount equal to its payment to the insureds, and the court of civil appeals affirmed. 587 S.W.2d 818. We reverse and remand.

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