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HORTON v. STATE DEPT. OF INS.

No. 03-94-00525-CV.

905 S.W.2d 59 (1995)

Charles Ray HORTON, Appellant, v. STATE DEPARTMENT OF INSURANCE RECEIVER J. ROBERT HUNTER and Texas Property and Casualty Insurance Guaranty Association, Appellees.

Court of Appeals of Texas, Austin.

August 16, 1995.

Attorney(s) appearing for the Case

Michael L. Atkinson, Atkinson & Associates, P.C., Conroe, for appellant.

Walter L. Taylor, Austin, for appellees.

Before CARROLL, C.J., and ABOUSSIE and JONES, JJ.

CARROLL, Chief Justice.

Appellant Charles Ray Horton settled a personal injury lawsuit against All-Ways Trucking Company ("All-Ways") and executed a "Release and Assignment Agreement." Horton then sued the receiver of All-Ways's impaired insurer, appellee Department of Insurance Receiver J. Robert Hunter (the "Receiver"), to collect the damages awarded under the judgment rendered against All-Ways. The Receiver filed a motion for summary judgment, which the trial court...

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