TEXAS INDUS. ACC. BD. v. ALLSTATE INS. CO.

No. 5904.

570 S.W.2d 201 (1978)

TEXAS INDUSTRIAL ACCIDENT BOARD et al., Appellants, v. ALLSTATE INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

August 3, 1978.


Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., David M. Kendall, Jr., First Asst. Atty. Gen., Robert S. Bickerstaff, Jr., Asst. Atty. Gen., Jim R. Weaver, Asst. Atty. Gen., Austin, for appellants.

Noley R. Bice, Jr. and Maurice G. Walton, Haley, Fulbright, Winniford, Bice & Davis, Waco, for appellee.


HALL, Justice.

Under the provisions of section 12c-2 of Article 8306, Vernon's Ann.Tex.Civ.St., workmen's compensation insurance carriers are relieved of making payments into the Second Injury Fund when the total amount of the Fund "equals or exceeds $250,000.00 in excess of existing liabilities," until the amount in the Fund is thereafter reduced below $125,000.00. The single question in this case is whether the term "existing liabilities" as used in the statute...

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