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AMERICAN FIDELITY & CAS. CO. v. TRADERS & GEN. INS. CO.

No. A-7320.

334 S.W.2d 772 (1959)

AMERICAN FIDELITY & CASUALTY COMPANY, Petitioner, v. TRADERS & GENERAL INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied March 20, 1960.

Second Rehearing Denied May 18, 1960.

Attorney(s) appearing for the Case

McLeod, Mills, Shirley & Alexander, Galveston, for petitioner.

Vinson, Elkins, Weems & Searls, Thomas B. Weatherly and Gaius G. Gannon, Jr., with above firm, Houston, Dan P. Johnston, Dallas, for respondent.

HICKMAN, Chief Justice.

James Edward Duff recovered judgment against Leonard Mizell, doing business as Mizell Truck Lines, for $34,000 damages for personal injuries. Mizell carried two policies of insurance. One policy was a standard automobile liability policy issued by American Fidelity & Casualty Company, hereinafter called American, and the other a comprehensive general bodily injury and property damage liability policy issued by Traders & General Insurance...

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