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HART v. AETNA CAS. AND SUR. CO.

No. 07-87-0280-CV.

756 S.W.2d 27 (1988)

Karen HART and John Hart, Appellants, v. AETNA CASUALTY AND SURETY COMPANY, Appellee.

Court of Appeals of Texas, Amarillo.

July 20, 1988.

Attorney(s) appearing for the Case

Gary Taylor, Felty & Taylor, Lubbock, for appellants.

James L. Wharton, Jones, Trout, Flygare, Moody & Brown, Lubbock, for appellee.

Before REYNOLDS, C.J., and DODSON and BOYD, JJ.

DODSON, Justice.

This is an appeal from an instructed verdict to set aside a release. By two points of error appellants, the Harts, contend that the trial court erred in instructing a verdict, claiming there was sufficient probative evidence (1) concerning the existence of a fiduciary duty owed by Aetna Casualty and Surety Company's ("Aetna") adjuster to the Harts; and (2) to show certain material misrepresentations, fraud, and attempts to exert undue influence. We...

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