Eugene A. Brodhead, Receiver of National County Mutual Fire Insurance Company v. Calvin Dwain Smith

Brodhead v. National County Mut. Fire Ins. Co.

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN

NO. 3-91-545-CV

EUGENE A. BRODHEAD, RECEIVER OF NATIONAL

COUNTY MUTUAL FIRE INSURANCE COMPANY,

APPELLANT

vs.

CALVIN DWAIN SMITH,

APPELLEE

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT,

NO. 480,820, HONORABLE PAUL R. DAVIS, JR., JUDGE PRESIDING

The issue in this cause is the proper interpretation of former section 12 of the Texas Property and Casualty Insurance Guaranty Act, 1971 Tex. Gen. Laws, ch. 360, sec. 1, § 12, at 1368 (since amended and codified at Tex. Ins. Code Ann. art.…