The summary judgment record does not contain the insurance policy or any other proof establishing the terms of the policy relating to the return of unearned premiums. Although a plaintiff who was not a party to the original insurance contract need not introduce the entire policy in evidence, it must in some way prove those terms of the policy that allow its recovery. Fort Worth Court of Appeals, No. 2-05-121-CV
Southern County Mutual Insurance v. Surety Bank N.A.
Tex. App. Dist. 2
February 16, 2006