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HERNANDEZ v. GREAT AMERICAN INS. CO. OF N. Y.

No. B-2343.

464 S.W.2d 91 (1971)

Jesus R. HERNANDEZ, Petitioner, v. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK et al., Respondents.

Supreme Court of Texas.

February 24, 1971.

Attorney(s) appearing for the Case

McCullough, Murray & McCullough, Carter, Stiernberg, Skaggs & Koppel, Jack Skaggs, Adams, Graham, Lewis, Jenkins and Briscoe, Gordon L. Briscoe, Harlingen, for petitioner.

Cox, Wilson, Duncan & Black, Bascom Cox and John William Black, Brownsville, for respondents.

REAVLEY, Justice.

The question here is the time of the accrual of a Stowers type cause of action. We recognize that the Texas law to date has required the insured to pay some portion of the judgment against him before bringing suit for reimbursement from the insurer. Our reconsideration brings us to eliminate the requirement of prepayment and to allow the suit from the time liability is fixed by final judgment.

In 1958 one A. T. Baucum was injured in an automobile...

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