Texas Industrial Accident Board v. Allstate Insurance Co.

HALL, Justice.

Under the provisions of section 12c-2 of Article 8306, Vernon’s Ann.Tex.Civ.St., workmen’s compensation insurance carriers are relieved of making payments into the Second Injury Fund when the total amount of the Fund “equals or exceeds $250,000.00 in excess of existing liabilities,” until the amount in the Fund is thereafter reduced below $125,000.00. The single question in this case is whether the term “existing liabilities” as used in the statute means only finally determined claims against the Fund, or whether it also means and includes undecided claims filed against the…