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DURISH v. DANCER

No. 3-90-190-CV.

819 S.W.2d 258 (1991)

Stephen S. DURISH, Permanent Ancillary Receiver, For Transit Casualty Company, Appellant, v. Mayo DANCER, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled December 18, 1991.

Attorney(s) appearing for the Case

Steven R. Welch, Patricia Montgomery, Austin, for appellant.

Laurance L. Priddy, Priddy & Chovanee, P.C., Fort Worth, for appellee.

Before CARROLL, C.J., and JONES and SMITH, JJ.

ON MOTION FOR REHEARING

SMITH, Justice.

The opinion issued by this Court on June 12, 1991, is withdrawn and the following is substituted.

In this appeal we are required to interpret the Property and Casualty Insurance Guaranty Act, Tex.Ins.Code Ann. art. 21.-28-C (1981 & Supp.1991) ("Guaranty Act"). At issue is: (1) the sufficiency of the evidence supporting the trial court's implied finding that Dancer complied with the "exhaustion of recovery...

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