McCARTHY v. INSURANCE COMPANY OF TEXAS

No. 12712.

271 S.W.2d 836 (1954)

John McCARTHY, Appellant, v. INSURANCE COMPANY OF TEXAS, Appellee.

Court of Civil Appeals of Texas, San Antonio.

September 8, 1954.


Attorney(s) appearing for the Case

Porter, Vann & Madalski, San Antonio, for appellant.

Eskridge, Groce & Hebdon, San Antonio, for appellee.


POPE, Justice.

The question presented by this appeal is whether, in the case of a first automobile accident, the Safety Responsibility Law permits an insurer to plead its policy defenses to defeat an action brought by a third person against the insured. We hold that the insurer may plead its policy defenses and affirm the trial court's judgment.

Plaintiff, John McCarthy, suffered an injury in a collision with a vehicle owned and operated by Benito Z. Sanchez...

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