Street v. Continental Casualty Co.

ON MOTION FOR REHEARING

The opinion handed down in this case under date of April 6, 1962, is withdrawn and the following substituted therefor.

In the District Court of Tarrant County, Suit No. 11360-C, styled John G. Street, Jr., v. Continental Casualty Company, was dismissed after the trial court sustained exceptions to plaintiff’s pleadings to the effect that a legally qualified dental surgeon was not a legally qualified physician or surgeon within the terms of an insurance policy upon which suit was brought. Upon appeal we held that lawful surgery performed upon the insured by a licensed…