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ALLSTATE INS. CO. v. EDMINSTER

No. 05-05-01492-CV.

224 S.W.3d 456 (2007)

ALLSTATE INSURANCE COMPANY, Appellant v. Cathy EDMINSTER, Appellee.

Court of Appeals of Texas, Dallas.

January 26, 2007.

Attorney(s) appearing for the Case

Jacquelyn Chandler, Thompson, Coe, Cousins & Irons, L.L.P., Dallas, for Appellant.

Stephen W. Shoultz, Law Offices of Stephen W. Shoultz, Dallas, for Appellee.

Before Justices MORRIS, LANG, and LANG-MIERS.

OPINION

Opinion by Justice LANG-MIERS.

Cathy Edminster sued her automobile insurer, Allstate Insurance Company, to recover what she contended was its pro rata share of the attorney's fees incurred for the collection of Allstate's subrogation interest in a claim against a third party. Both parties filed motions for summary judgment. The trial court granted Edminster's motion and denied Allstate's motion. Because we conclude a material fact issue exists, we...

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