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MONTANYE v. TRANSAMERICA INS. CO.

No. 01-81-0800-CV.

638 S.W.2d 518 (1982)

Janet Leigh MONTANYE, Appellant, v. TRANSAMERICA INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

May 6, 1982.

Attorney(s) appearing for the Case

Phillip A. Pfeifer, Houston, for appellant.

Don Karotkin, Frank Caton, Houston, for appellee.

Before SMITH, BASS and DYESS, JJ.

OPINION

SMITH, Justice.

This is a case involving the construction of Tex.Ins.Code Ann. art. 5.06-1 (Vernon 1980) and in particular, insurance policy provisions providing for "underinsured" motorist coverage.

The appellant, Janet Leigh Montanye, initially filed suit against Edward von Drak for personal injuries arising out of an automobile collision wherein Ms. Montanye was riding as a passenger in Mr. von Drak's automobile. Subsequently suit was...

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