Fidelity & Casualty Company of New York v. Gatlin

CLAUDE WILLIAMS, Chief Justice.

This appeal presents an important question of first impression in Texas concerning the construction of policies of automobile liability insurance. The specific question may be stated as follows:

May an automobile liability insurance carrier providing coverage against injury by an uninsured motorist pursuant to the requirements of Art. 5.06-1, Insurance Code, Vernon’s Ann.Civ.St. of Texas, deny liability on the ground that the insured has other similar insurance available to him?

The case was submitted to the trial court, without a jury, on stipulated facts which…