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AMERICAN EAGLE INS. CO. v. NETTLETON

No. 08-94-00359-CV.

932 S.W.2d 169 (1996)

AMERICAN EAGLE INSURANCE COMPANY, Appellant, v. Charla NETTLETON, Individually as Sole Statutory Wrongful Death Beneficiary of John J. Collins, Deceased, and as Representative of the Estate of John J. Collins, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled September 11, 1996.

Attorney(s) appearing for the Case

Fred J. Meier, Cynthia Hollingsworth, Gardere & Wynne, L.L.P., Dallas, for appellant.

L. Randall Lee, Richard, Lee, Rowley, Cobb & Hall, El Paso, for appellee.

Before BARAJAS, C.J., and McCLURE and CHEW, JJ.

OPINION

BARAJAS, Chief Justice.

This is an appeal from a summary judgment in favor of Appellee. In an earlier suit, Appellee, as an assignee of Appellant's insureds, obtained a judgment against them. Appellee then sued Appellant to recover the judgment and statutory penalties. We reverse and remand.

I. SUMMARY OF THE EVIDENCE

A. The Crash

On January 28, 1990, Appellee's husband, John J. Collins, died in the...

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