WEYANT v. ACCEPTANCE INS. CO.

No. 89-2566.

917 F.2d 209 (1990)

H.B. WEYANT and Linda Weyant, d/b/a Weyant Containers, Plaintiffs-Appellants, v. ACCEPTANCE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 9, 1991.


Attorney(s) appearing for the Case

Gordon L. Ginn, Ginn & Stults, Houston, Tex., for plaintiffs-appellants.

Patrick McCaffrey, Jr., H. Mark Burck, Wm. S. Bush, Houston, Tex., for defendant-appellee.

Before BROWN, WILLIAMS and JONES, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

The question in this case is whether a surplus lines agent may have authority in excess of that specifically set out in the Texas Surplus Lines Insurance statute. We hold that a surplus lines agent may have such authority. Accordingly, we reverse and remand.

The Weyants appeal the trial court's grant of summary judgment denying their claim against the Acceptance Insurance Company (Acceptance), the surplus lines insurer, because...

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