Legal Opinion
Stephen S. Durish, Permanent Ancillary Receiver for Transit Casualty Company v. Mayo Dancer
Texas Court of Appeals, 3rd District (Austin)
Decided November 13, 1991No. 03-90-00190-CVPublishedCited by 7 opinions
1Opinion of the Court
ON MOTION FOR REHEARING
SMITH, Justice.
The opinion issued by this Court on June 12, 1991, is withdrawn and the following is substituted.
In this appeal we are required to interpret the Property and Casualty Insurance Guaranty Act, Tex.Ins.Code Ann. art. 21.-28-C (1981 & Supp.1991) (“Guaranty Act”). At issue is: (1) the sufficiency of the evidence supporting the trial court’s implied finding that Dancer complied with the “exhaustion of recovery” requirement set out in § 12 of the Act; (2) the proper measurement of a recovery under the Act; and (3) the propriety of an award of post-judgment…
2Cases cited4 opinions
- Christiansen v. PrezelskiTexas Supreme Court · 1990
- Murray v. Devco, Ltd.Texas Supreme Court · 1987
- Sussman v. OstroffNew Jersey Superior Court Appellate Division · 1989
- J-IV Investments v. David Lynn MacHine, Inc., Texas Court of Appeals, 5th District (Dallas)1990
3Cited by7 opinions
- Brodhead v. DodginCourt of Appeals of Texas · 1992
- Stone v. Kentucky Insurance Guaranty Ass'nCourt of Appeals of Kentucky · 1995
- Latter v. AutryCourt of Appeals of Texas · 1993
- Eugene A. Brodhead, Receiver of National County Mutual Fire Insurance Company v. Calvin Dwain Smith, Texas Court of Appeals, 3rd District (Austin)1992
- Orvid Powell and Derrick Reese v. Jo Ann Howard as Special Deputy Receiver for National County Mutual Fire Insurance Company, Texas Court of Appeals, 3rd District (Austin)1993
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