Legal Opinion
Latter v. Autry
Court of Appeals of Texas
Decided May 12, 1993No. 3-92-495-CVPublishedCited by 11 opinions
1Opinion of the Court
BEA ANN SMITH, Justice.
This appeal involves interpretation of the Texas Property and Casualty Insurance Guaranty Act (“the Guaranty Act”), 1 71st Leg., R.S., ch. 1082, §§ 6.13-.14, 1989 Tex. Gen. Laws 4370, 4395-4398 (Tex.Ins.Code Ann. art. 21.28-C, §§ 5(2), 7, 12, since amended). We must determine whether an injured party may seek recovery from the guaranty fund when the tortfeasor’s insurer is in receivership, even though the party has already received insurance benefits in excess of the tortfeasor’s policy limits. This Court addressed a related issue in Durish v. Dancer, 819 S.W.2d 258…
2Cases cited4 opinions
- Ferrari v. TotoMassachusetts Supreme Judicial Court · 1981
- Durish v. Channelview BankCourt of Appeals of Texas · 1991
- Reliance Insurance Co. v. Kronzer, Abraham & WatkinsCourt of Appeals of Texas · 1979
- Stephen S. Durish, Permanent Ancillary Receiver for Transit Casualty Company v. Mayo Dancer, Texas Court of Appeals, 3rd District (Austin)1991
3Cited by11 opinions
- Campos v. Texas Property & Casualty Insurance Guaranty Ass'n for Reliance National Indemnity Co., Texas Court of Appeals, 3rd District (Austin)2009
- Harris County v. Williams, Texas Court of Appeals, 1st District (Houston)1998
- California Insurance Guarantee Ass'n v. Hill Bros. Transportation, Inc.Court of Appeals of Texas · 2016
- Williams v. Missouri Property & Casualty Guaranty Ass'nMissouri Court of Appeals · 1995
- Taylor Service Company v. Texas Property and Casualty Insurance Guaranty Association, Texas Court of Appeals, 3rd District (Austin)1996
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