Texas Court of Appeals, 1st District (Houston) May 22, 1986, 01-85-0962-CV (Fidelity & Casualty Co. of New York v. Gaedcke Equipment Co.)

OPINION

EVANS, Chief Justice.

The defendants, Fidelity & Casualty Company of New York and Continental Insurance Company, appeal from an order of the trial court granting a summary judgment in favor of the plaintiff and denying their motion for summary judgment.

Both sides agree that the central issue is one of law, i.e.