Maryland Motor Car Ins. Co. v. Haggard.
Court of Appeals of Texas
Error to Tarrant County Court; Chas. T. Prewett, Judge. Action by P. A. Haggard against the Maryland Motor Car Insurance Company. There was a judgment for plaintiff, and defendant brings error. The plaintiff in error issued a policy of insurance to defendant in error on May 7, 1913, in the sum of $600, insuring a certain automobile against loss by fire or damage by collision with any other automobile or vehicle.
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Error to Tarrant County Court; Chas. T. Prewett, Judge. Action by P. A. Haggard against the Maryland Motor Car Insurance Company. There was a judgment for plaintiff, and defendant brings error. The plaintiff in error issued a policy of insurance to defendant in error on May 7, 1913, in the sum of $600, insuring a certain automobile against loss by fire or damage by collision with any other automobile or vehicle. On January 1, 1913, while the insurance was in force, a fire engine of the fire department of the city of Pt. Worth collided with defendant in error’s automobile, causing damage to…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1] Claiming that the evidence established a breach -by defendant'in error, as pleaded, of the stipulation in the policy relating to sub-rogation, the plaintiff in error requested that a peremptory instruction in its favor be given the jury. The court refused the request, and error, by proper assignments, is predicated thereon. It is quite a well-settled rule that if an insured settles with or releases a wrongdoer from liability for a loss before payment of the loss has been made by the insurance company, the insurance company’s right of subrogation against…
2Cases cited6 opinions
- Packham v. German Fire Ins., Co.Court of Appeals of Maryland · 1900
- Insurance Co. of N. A. v. Fidelity Co.Supreme Court of Pennsylvania · 1889
- Sims v. Mutual Fire Insurance Co. of La PrairieWisconsin Supreme Court · 1899
- Insurance Co. of North America v. EastonTexas Supreme Court · 1889
- Bloomingdale v. Columbia InsuranceAppellate Terms of the Supreme Court of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- International Insurance Co. v. Medical-Professional Building of Corpus ChristiCourt of Appeals of Texas · 1966
- Calvert Fire Ins. Co. v. JamesSupreme Court of South Carolina · 1960
- Louis H. Oss and Michelle S. Oss v. United Services Automobile AssociationCourt of Appeals for the Fifth Circuit · 1987
- State Farm Mutual Automobile Insurance Co. v. ElkinsCourt of Appeals of Texas · 1970
- Universal Credit Co. v. Service Fire InsuranceCourt of Appeals of Georgia · 1943
9 more not listed; retrieve them via the Exa API.