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UNITED STATES FIDELITY AND GUAR. v. CASCIO

No. 05-85-01405-CV.

723 S.W.2d 209 (1986)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. Peggy CASCIO, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied January 14, 1987.

Attorney(s) appearing for the Case

Kevin J. Keith, Dallas, for appellant.

Alan Loewinsohn, Dallas, for appellee.

Before AKIN, DEVANY and McCLUNG, JJ.

DEVANY, Justice.

Peggy Cascio, appellee, sued Mary Neal, the alleged tortfeasor in this cause, for injuries sustained in an automobile collision. Cascio joined the United States Fidelity and Guaranty Company (USF & G), appellant, her insurance company, under the underinsured motorist provision of her policy. USF & G did not file an answer, allegedly because of improper service of citation. In the meantime, Cascio dismissed Mary Neal from the cause with prejudice...

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