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JENKINS v. STATE AND COUNTY MUT. FIRE INS.

No. 2-08-279-CV.

287 S.W.3d 891 (2009)

Garry JENKINS, Appellant, v. STATE AND COUNTY MUTUAL FIRE INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Fort Worth.

June 11, 2009.

Attorney(s) appearing for the Case

Law Offices of Miller & Associates, Kevin B. Miller and Mark A. Cevallos, San Antonio, for Appellant.

Bishop & Hummert, P.C., E. Thomas Bishop, Michael A. Hummert, and Alexander N. Beard, Dallas, for Appellee.

PANEL: GARDNER, WALKER, and MEIER, JJ.

OPINION

ANNE GARDNER, Justice.

This is a suit by a judgment creditor to collect a default judgment under an automobile liability policy. It is undisputed that the additional insured against whom the default judgment was rendered failed to notify the insurer of the lawsuit filed against him. It is further undisputed that the insurer had actual knowledge of the suit. The question is whether the insurer is liable...

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