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ALLSTATE INSURANCE COMPANY v. ZELLARS

No. B-2143.

462 S.W.2d 550 (1970)

ALLSTATE INSURANCE COMPANY, Petitioner, v. Charles H. ZELLARS et al., Respondents.

Supreme Court of Texas.

October 7, 1970.

Attorney(s) appearing for the Case

McMahon, Smart, Sprain, Wilson & Camp, Marvin S. Sprain, Abilene, for petitioner.

Shafer, Gilliland, Davis, Bunton & McCollum, W. O. Shafer and Ray Stoker, Jr., Odessa, Charles L. Price, Houston, for respondents.

SMITH, Justice.

Respondent Zellars filed this action for a declaratory judgment against Petitioner Allstate, his personal insurer, to determine the extent, if any, of Allstate's duty to defend and indemnify Zellars from loss resulting from a suit pending against him in Taylor County. The latter suit, filed by the Bama Company, arose from a collision involving a Bama vehicle and a truck driven by Zellars but owned by his employer, Respondent Humble Pipe Line Company...

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