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STRACENER v. UNITED SERV. AUTO ASS'N

Nos. C-7593, C-7874.

777 S.W.2d 378 (1989)

Ronald STRACENER, Individually and as Natural Parent and Guardian of Tanya Stracener, et al., Petitioners, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Respondent. UNITED SERVICES AUTOMOBILE ASSOCIATION, Petitioner, v. Scott HESTILOW, et al., Respondent.

Supreme Court of Texas.

Rehearing Denied October 18, 1989.

Attorney(s) appearing for the Case

Jimmy Williamson, Susan McAuliffe, Houston, for Ronald Stracener, et al.

Cliff Harrison, Houston, John Milano, Jr., San Antonio, for United Services Auto. Ass'n.

Craig C. Radtke, Boerne, for Scott Hestilow.

DOGGETT, Justice.

These two cases were submitted together because each presents the issue of how the underinsured status of a motor vehicle is to be determined pursuant to article 5.06-1(2)(b) of the Texas Insurance Code. Additionally, we must decide the proper construction of article 5.06-1(5) of the Texas Insurance Code which provides for a set off in the amount an injured person recovers from the tortfeasor's insurer.

In Stracener v. United States [sic...

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