McFARLING v. MAYFIELD

No. 7571.

510 S.W.2d 108 (1974)

Tom I. McFARLING, Statutory Liquidator for State Board of Insurance of the State of Texas and Receiver of Dealers National Insurance Company, Appellant, v. Johnny W. MAYFIELD et al., Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied May 30, 1974.


Attorney(s) appearing for the Case

Herbert Crook, Austin, for appellant.

Don L. Davis, Austin, for appellee.

Charles W. Havens III, Reinsurance Assn. of America, Washington, D. C., amicus curiae.


DIES, Chief Justice.

Appellees were injured in an automobile collision and subsequently recovered judgment against Spiller Butane Co. Spiller's truck was covered by a policy of liability insurance issued by Dealers National Insurance Company. At the time of the accident Dealers had an excess of loss reinsurance agreement with Transport Insurance Company wherein the latter agreed to indemnify Dealers for its net loss in excess of $50,000 on any one occurrence covered...

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