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UNITED STATES FIRE INSURANCE COMPANY v. WARDEN

No. 4477.

471 S.W.2d 425 (1971)

UNITED STATES FIRE INSURANCE COMPANY, Appellant, v. Mrs. Clarence WARDEN, a Widow, et al.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied October 8, 1971.

Attorney(s) appearing for the Case

McMahon, Smart, Sprain, Wilson & Camp, John P. Camp, Abilene, for appellant.

Scarborough, Black, Tarpley & Scarborough, J. R. Black, Jr., Abilene, Hammond & Hammond, Burnet, Rassman, Gunter & Boldrick, James P. Boldrick, Midland, for appellees.

COLLINGS, Justice.

This is a workmen's compensation case. The appeal is from a judgment based upon a jury verdict finding in special issue number one that Clarence Warden, deceased, was not a borrowed employee of Wheaton Van Lines, Inc. The right of appellee, Warden's widow and children, to receive death benefits under the Workmen's Compensation Act is not disputed. The controversy is between two insurance companies as to which is liable for such death benefits. Liberty...

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