Texas Employers' Insurance Ass'n v. Dickson

ON MOTION FOR REHEARING

I respectfully dissent. The latest expression of the Supreme Court in Moronko v. Consolidated Mutual Insurance Company, 435 S.W.2d 846 (Tex.Sup.1968), appears to hold to the contrary to the majority opinion in this case. The principal point involved is clarified somewhat when the Supreme Court opinion is considered with the opinion in the same case by the Court of Civil Appeals, Houston (1st Dist.), in its opinion reported in 425 S.W.2d 838.

There is great similarity, in principle, between the Moronko case and this case. Each claimant alleged and obtained findings of…