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FIDELITY & CASUALTY CO. OF NEW YORK v. McMAHON

No. 7370.

487 S.W.2d 371 (1972)

The FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellant, v. Fred T. McMAHON et al., Appellees.

Court of Civil Appeals of Texas, Beaumont.

Motion for Rehearing Overruled November 30, 1972.

Attorney(s) appearing for the Case

Mehaffey, Weber, Keith & Gonsoulin, Beaumont, for appellant.

Joe H. Tonahill, Monte Lawlis, Jasper, for appellee.

DIES, Chief Justice.

Plaintiffs below recovered judgment upon a jury verdict for $1500 damages sustained by Fred McMahon in an automobile collision. Under coverage of a workmen's compensation policy, McMahon had recovered $3,930 for injuries and disabilities arising out of the same accident. The defendant, Otis Strahan, who was found responsible for the collision by the jury, carried no liability insurance but the vehicle driven by McMahon was covered by a policy...

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