TRAVELERS INDEMNITY COMPANY v. HOLMAN

No. 21037.

330 F.2d 142 (1964)

The TRAVELERS INDEMNITY COMPANY, Appellant, v. B. N. HOLMAN, Mary Alice Coombs, et al., Appellees.

United States Court of Appeals Fifth Circuit.

April 8, 1964.


Attorney(s) appearing for the Case

Coleman Gay, Gay & Meyers, Austin, Tex., for appellant.

Brooks N. Holman, James R. Sloan, Austin, Tex., Patrick W. Thompson, Breckenridge, Tex., for appellees.

Before HUTCHESON and BROWN, Circuit Judges, and CHRISTENBERRY, District Judge.


JOHN R. BROWN, Circuit Judge.

The real question in this case is whether an insurance company has some special kind of immunity from legal liability for express commitments made by its direct employee acting strictly in accordance with his authority. We hold that no such immunity exists.

The problem takes this form largely because of judicial utterances frequently made — certainly often enough for us to say that the Texas-Erie signal comes in clear ...

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