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Lopez v. Texas Property & Casualty Insurance Guaranty Association4/29/1999
Appellants Judy Lopez and Adelaida Lopez, Individually and as Successors in Interest of Domingo Garcia, Jr., sued appellee Texas Property & Casualty Insurance Guaranty Association ("Guaranty Association") for tender of all statutory limits under articles 21.28 and 21.28-C of the Texas Insurance Code pursuant to a turnover and assignment order granting appellants all of Garcia's claims and causes of action arising out of a personal injury suit. The Guaranty Association filed a motion for summary judgment which the trial court granted. We will affirm.
BACKGROUND
This appeal arises out of a cause of action based upon a commercial automobile liability policy issued by Guaranty County Mutual Insurance Company ("Guaranty County Mutual"), now in receivership. The policy was purchased by Domingo Garcia, Sr. His son, Domingo Garcia, Jr., was driving his father's truck, without permission, when Domingo Jr. was involved in an accident with appellants. Appellants filed suit against the son for personal injuries sustained in the accident, and Guaranty County Mutual defended him. The suit was tried before a jury in Hidalgo County, and the trial court rendered judgment in favor of appellants on December 18, 1992.
Guaranty County Mutual was placed in receivership a few months later on April 8, 1993. Guaranty County Mutual failed to satisfy the judgment against the younger Garcia before it was placed in receivership. On April 15, 1993, the Hidalgo County district court signed an order granting appellants' application for turnover relief, assigning to appellants all claims and causes of action of Domingo Garcia, Jr. against Guaranty County Mutual.
On May 11, 1993, the Commissioner of Insurance designated Guaranty County Mutual as impaired, thereby triggering the Guaranty Association's duties pursuant to section 21.28-C of the Texas Insurance Code. Appellants filed a claim with the Association to recover the judgment against Domingo Garcia, Jr. Following an investigation, the Guaranty Association denied the claim after determining that it was not a "covered claim" because the son drove his father's truck without permission. Appellants filed suit against the Guaranty Association and Guaranty County Mutual, by and through the Receiver, in district court in Travis County. The district court granted the Association's motion for summary judgment, then signed an agreed order to sever the Association's summary judgment from the remaining claims against Guaranty County Mutual, in receivership, so that the summary-judgment order became final and appealable.
DISCUSSION
The standard for reviewing a motion for summary judgment is well established: (1) the movant has the burden of showing that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law; (2) in deciding whether there is a disputed material fact issue precluding summary judgment, evidence favorable to the non-movant will be taken as true; and (3) every reasonable inference must be indulged in favor of the non-movant and any doubts resolved in its favor. See Nixon v. Mr. Property Management Co., 690 S.W.2d 546, 548-49 (Tex. 1985). We note, however, that the trial court's order does not state the specific grounds upon which summary judgment was granted. "When a trial court's order granting summary judgment does not specify the ground or grounds relied on for the ruling, summary judgment will be affirmed on appeal if any of the theories advanced are meritorious." American Eagle Ins. Co. v. Nettleton, 932 S.W.2d 169, 174 (Tex. App.-El Paso 1996, writ denied) (citing State Farm Fire & Cas. Co. v. S.S., 858 S.W.2d 374, 380 (Tex. 1993); Rogers v. Ricane Enters. Inc., 7
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