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HIGHLANDS INS. CO. v. NEW ENGLAND INS. CO.

No. 04-90-00231-CV.

811 S.W.2d 272 (1991)

HIGHLANDS INSURANCE COMPANY, Appellant, v. NEW ENGLAND INSURANCE COMPANY, Landmark Insurance Company, Prudential Reinsurance Company, and O'Neal, Inc., Appellees.

Court of Appeals of Texas, San Antonio.

June 19, 1991.

Attorney(s) appearing for the Case

John Milano, Jr., Susan Stone, Thornton, Summers, Biechlin, Dunham & Brown, Inc., San Antonio, for appellant.

George H. Spencer, James A. Hoffman, Clemens & Spencer, San Antonio, Thomas F. Nye, Brin & Brin, P.C., Corpus Christi, Charles M. McCaghey, Angelo G. Savino, Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for appellee.

Before REEVES, C.J., and PEEPLES and BIERY, JJ.

OPINION

PEEPLES, Justice.

In this summary judgment appeal, two excess insurance companies—Highlands Insurance Company and a group of insurers referred to as the New England Group1— claim monies recovered indirectly by Mary Carter agreements2 from their insured's co-defendants and their insurance companies. The main issue is whether the insured tortfeasor's first-level excess insurance...

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