SMITH v. ALLSTATE INSURANCE COMPANY

No. 5915.

423 S.W.2d 600 (1967)

Truman Cleo SMITH et al., Appellants, v. ALLSTATE INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied January 24, 1968.


Attorney(s) appearing for the Case

Dan Sullivan, Andrews, for appellants.

Albert Smith, Lubbock, for appellee.


OPINION

PRESLAR, Justice.

This is a summary judgment case in which appellee was plaintiff seeking declaratory judgment that it was not obligated to defend one who borrowed the car of its insured. The issue was whether or not the borrower was outside the scope of the permission granted in the use of the insured's car when it was involved in a collision.

Appellants' first point of error is that the court erred in considering the amended motion for...

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