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STATE FARM COUNTY MUTUAL INS. CO. OF TEXAS v. PLUNK

No. 17984.

491 S.W.2d 728 (1973)

STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS, Appellant, v. Wesley H. PLUNK and Wilbur McCoy, Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 22, 1973.

Attorney(s) appearing for the Case

Gordon H. Rowe, Jr., Gardere, Porter & DeHay, Dallas, for appellant.

Mark A. Troy, Jr., May, Troy & Block, Dallas, for appellees.

ON MOTION FOR REHEARING

GUITTARD, Justice.

This suit was brought by the insured, Wesley Plunk, and a third party claimant, Wilbur McCoy, against State Farm County Mutual Insurance Company to establish coverage under an automobile liability policy. Our principal question is whether the evidence supports the jury's finding in answer to the only special issue submitted that the insured gave written notice of the accident to the insurance company "as soon as...

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