FIREMEN'S INS. CO. OF NEWARK, NEW JERSEY v. BURCH

No. B-914.

442 S.W.2d 331 (1968)

FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, Petitioner, v. Jesse L. BURCH et ux., Respondents.

Supreme Court of Texas.

Rehearing Denied October 30, 1968.

Second Rehearing Denied and Dissenting Opinion January 22, 1969.


Attorney(s) appearing for the Case

Small, Herring, Craig, Werkenthin & Shannon, C. C. Small, Jr., Charles Herring and Bob E. Shannon, Austin, for petitioner.

Garey, Colbert & Kidd, Joe Colbert, Austin, for respondents.


NORVELL, Justice.

On December 1, 1965, Dorothy Burch was injured in a collision between the car in which she was riding and an automobile driven by Sarah Buttler, the wife of Larry Buttler. Dorothy Burch and her husband, Jesse L. Burch, sued Sarah and Larry Buttler for damages and this action has not been determined. On December 7, 1966, Jesse L. and Dorothy Burch filed this suit in the form of a declaratory judgment against Firemen's Insurance Company of Newark,...

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