[DOWNLOAD] "Dairyland County Mutual Insurance Company Texas v. Harry Childress" by Third District, Austin Court of Appeals of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Dairyland County Mutual Insurance Company Texas v. Harry Childress
- Author : Third District, Austin Court of Appeals of Texas
- Release Date : January 25, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
This is a dispute as to liability insurance coverage provided by a family automobile insurance policy containing a non-owners endorsement. Harry Childress and the passengers in his automobile at the time of the collision along with the owner of a private residence damaged as a result of the collision (Childress) sued Frederick Booth (Booth), the insured, for damages arising out of the collision. While this suit was pending, Dairyland County Mutual Insurance Company of Texas (Dairyland), the insuror, sued Booth seeking a declaratory judgment that the non-owners policy did not cover an automobile furnished to the insured for his regular use. An agreed judgment was rendered declaring that no coverage was provided. Childress were not made a party to the declaratory judgment action. After securing a judgment against Booth, Childress sued Dairyland for the amount of the judgment, for attorneys fees and for recovery under the Deceptive Trade Practices Act. Dairyland filed a cross action for attorneys fees alleging the DTPA suit was not filed in good faith. The trial court rendered judgment that both parties take nothing. The court of appeals affirmed the take nothing judgment against Dairyland but reversed and rendered judgment for Childress for the policy limits of $11,000 personal injury and $5,000 property damage, for attorneys fees in the amount of $6,400 and for interest on the judgment against Booth. 636 S.W.2d 282. We affirm the judgment of the court of appeals.