GULF INS. CO. v. DUNLOP TIRE & RUBBER CORP.

No. 19741.

584 S.W.2d 886 (1979)

GULF INSURANCE COMPANY and Fidelity and Casualty Company of New York, Appellants, v. DUNLOP TIRE AND RUBBER CORPORATION, Donald W. Yarbrough, Sr., d/b/a Yarbrough Tire Sales and Mari Louise Yarbrough, Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 24, 1979.


Attorney(s) appearing for the Case

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

Robert C. McGuire, Ungerman, Hill, Ungerman, Angrist, Dolginoff, Teofan & Vickers, Dallas, for appellees.

Before GUITTARD, C. J., and STOREY and HUMPHREYS, JJ.


GUITTARD, Chief Justice.

In this appeal from a judgment allowing recovery on two fire insurance policies, the insurance companies contend that they should have a new trial because their counsel, through excusable inadvertence, was not prepared for trial, and therefore, was unable to present a meritorious defense.

When the case was called for trial on the day set, appellants' counsel failed to appear, but came to the court on a telephone call from opposing...

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