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FIDELITY & CASUALTY COMPANY OF NEW YORK v. GATLIN

No. 17669.

470 S.W.2d 924 (1971)

FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellant, v. Otis GATLIN et al., Appellees.

Court of Civil Appeals of Texas, Fifth District.

Rehearing Denied September 17, 1971.

Attorney(s) appearing for the Case

David R. McAtee, Thompson, Knight, Simmons & Bullion, Dallas, for appellant.

Jim Foreman, Baker, Foreman & Boudreaux, Dallas, for appellees.

CLAUDE WILLIAMS, Chief Justice.

This appeal presents an important question of first impression in Texas concerning the construction of policies of automobile liability insurance. The specific question may be stated as follows:

May an automobile liability insurance carrier providing coverage against injury by an uninsured motorist pursuant to the requirements of Art. 5.06-1, Insurance Code, Vernon's Ann.Civ.St. of Texas, deny liability on the ground that the...

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