DAIRYLAND COUNTY MUTUAL INS. CO. v. WALLGREN

No. 17285.

477 S.W.2d 341 (1972)

DAIRYLAND COUNTY MUTUAL INSURANCE COMPANY, Appellant, v. Glen F. WALLGREN, Indiv. and as Next Friend For Nancy Wallgren, et ux., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied March 17, 1972.


Attorney(s) appearing for the Case

Brown, Crowley, Simon & Peebles, and M. Hendricks Brown, Fort Worth, for appellant.

Schattman, Mock & Guthrie, and C. Coit Mock, Fort Worth, for appellees.


OPINION

MASSEY, Chief Justice.

Substantially, the question posed on appeal may be answered by stating an inquiry and answer, as follows:

QUAERE: Are indemnity benefits for exemplary damages afforded in Texas under a policy of automobile liability insurance written pursuant to the provisions of V.A.T.S. Insurance Code, Art. 5.06, "Policy Forms and Endorsements" under the delegation of legislative authority made pursuant to Art. 5.35 of the Code?<...

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