This must be proved by a preponderance of the evidence. American Nat. Ins. Co. v. Caviness, 617 S.W.2d 318 (Tex.Civ.App.-El Paso 1981, no writ). To establish a cause of action under subdivision 23, the plaintiffs must prove their primary right and defendants' act or omission which violated that right. Sabine Production Co. v. Frost Nat. Bank, 596 S.W.2d 271 (Tex.Civ.App.-Corpus Christi 1980, no writ). The rights of Texoma under the insurance policy were to be defended from suit and if a judgment was taken against it, to have it paid by Millers. Jeter Group's right to payment from Millers is necessarily dependent upon the establishment of Texoma's rights vis a vis Millers.