BENSON v. TRAVELERS INSURANCE COMPANY

No. 17580.

464 S.W.2d 709 (1971)

Lloyd E. BENSON, Appellant, v. The TRAVELERS INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

February 26, 1971.


Attorney(s) appearing for the Case

Homer A. Brown, Brown, Brown & Bowen, Garland, for appellant.

John A. MacKintosh, Jr., Thompson, Knight, Simmons & Bullion, Dallas, for appellee.


CLAUDE WILLIAMS, Chief Justice.

The Travelers Insurance Company brought this action against Lloyd E. Benson to recover the sum of $760 alleged to have been paid Benson through mistake and amounting to an overpayment of that sum in connection with the disposition of an automobile collision loss claim. The material antecedent facts are without dispute.

In June 1968 Travelers had in force and effect a policy of automobile insurance covering a 1968 Buick automobile...

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