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MEMBERS MUTUAL INSURANCE COMPANY v. CUTAIA

No. B-2511.

476 S.W.2d 278 (1972)

The MEMBERS MUTUAL INSURANCE COMPANY, Petitioner, v. Sam S. CUTAIA, Respondent.

Supreme Court of Texas.

Rehearing Denied March 8, 1972.

Attorney(s) appearing for the Case

Sewell, Junell & Riggs, Gordon A. Holloway, Houston, for petitioner.

Law Offices of Horace F. Brown, Harry L. Tindall, Houston, for respondent.

GREENHILL, Justice.

The opinion and judgment of the Court of Civil Appeals in this case are in conflict with the substance of the opinions of this Court in New Amsterdam Casualty Co. v. Hamblen, 144 Tex. 306, 190 S.W.2d 56 (1945); and Klein v. Century Lloyds, 154 Tex. 160, 275 S.W.2d 95 (1955). We granted a writ of error to consider whether to overrule Hamblen and Klein, and have determined not to do so. While an injustice...

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