First National Indemnity Company v. Mercado

O’QUINN, Justice.

Appellant indemnity company issued an automobile liability policy to Richard Evil-sizer who thereafter was involved in a collision in which John A. Mercado sustained injuries. Appellant denied coverage and declined to defend a suit brought by Mercado against Evilsizer. Mercado obtained judgment in the amount of $4,000 and subsequently brought this suit to enforce that judgment against appellant as the insurer of Evilsizer.

Trial was before the court without the aid of a jury, and the court entered judgment in November of 1973 for Mercado. Appellant brings four points of error,…