Maryland Casualty Company v. Mike H. Mitchell

HUTCHESON, Circuit Judge.

This is an appeal by the insurer from a decision of the district court, holding in favor of the appellee, Mike Mitchell, in his suit for recovery on a liability policy covering the appellee-insured, Jimmy Mascorro.

This case is the second of two suits in connection with injuries sustained by Mitchell and caused by Mascorro. In the first suit, against Mascorro in a state court in Galveston County, Texas, Mitchell sought damages for those injuries. Mitchell’s petition there alleged, in substance, that he, as agent for the owners of the property, went to a cafe to collect…