TRINITY UNIVERSAL v. FIDELITY & CAS. CO.

No. 05-91-01561-CV.

837 S.W.2d 202 (1992)

TRINITY UNIVERSAL INS. CO., Appellant, v. FIDELITY & CASUALTY CO. OF NEW YORK, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied September 11, 1992.


Attorney(s) appearing for the Case

Arch M. Skelton, Dallas, for appellant.

John Gordon, Dallas, for appellee.

Before BAKER, BURNETT and ROSENBERG, JJ.


OPINION

BAKER, Justice.

This is a declaratory-judgment action tried on stipulated facts. Trinity, as subrogee to its insured's rights, sued Fidelity. The trial court found for Fidelity. Trinity contends the trial court erred because Fidelity was also liable for the loss. We reverse and render.

NATURE OF THE CASE

Trinity and Fidelity stipulated to the facts and documentary evidence. The trial court's judgment states:

The Plaintiffs...

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