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KEMP v. FIDELITY & CASUALTY CO. OF NEW YORK

No. 4665.

504 S.W.2d 633 (1973)

William KEMP et al., Appellants, v. FIDELITY & CASUALTY COMPANY OF NEW YORK et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied January 25, 1974.

Attorney(s) appearing for the Case

Lawrence P. Hochberg, Hochberg, Yuill, Bernstein & Skor, Dallas, James B. Kerby, Garland, for appellants.

Timothy E. Kelley, Thompson, Knight, Simmons & Bullion, W. Richard Bernays, Touchstone, Bernays & Johnston, Byron L. Falk, Vial, Hamilton, Koch, Tubb, Knox & Stradley, Dallas, for appellees.

McCLOUD, Chief Justice.

This is a case of first impression in Texas. Appellants, William Kemp and wife, Ruby Kemp, Garrett Bell and Clyde Wayne Bell, contend they are entitled to recover from their respective uninsured motorist insurers the difference between their actual recovery from a third-party tort-feasor, who carried the statutory minimum limits of liability insurance, and the $10,000.00 per person limits provided in their respective policies.

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