TRANSCONTINENTAL INS. CO. v. WALSH

No. 6324.

621 S.W.2d 461 (1981)

TRANSCONTINENTAL INSURANCE COMPANY, Appellant, v. Nettie Mae WALSH, et al., Appellees.

Court of Civil Appeals of Texas, Waco.

August 28, 1981.


Attorney(s) appearing for the Case

Byron L. Falk, Gerald R. Powell, Vial, Hamilton, Koch, Tubb, Knox & Stradley, Dallas, for appellant.

Fred Horner, Dunnam, Dunnam, Horner & Meyer, Waco, for appellees.


HALL, Justice.

This is a suit for death benefits under the workers' compensation act by the workman's surviving wife. The compensation insurer pleaded that it was entitled to offset the net recovery of a third party action filed by the workman and his wife which was settled prior to the workman's death. This offset would have resulted in a take-nothing judgment in favor of the insurer. The case was tried on stipulated facts. Judgment was rendered in favor of the widow...

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