Street v. CONTINENTAL CASUALTY COMPANY

MASSEY, Chief Justice.

The proper disposition of the case on appeal is to be resolved by a determination of whether, within the meaning of a certain policy of insurance, lawful surgery performed upon the person of the insured by a licensed Doctor of Dental Surgery (Art. 4590e, Sec. 3, Vernon’s Ann.Civ.St.) constitutes operative procedure performed by a “legally qualified physician or surgeon” as identifiable under the provisions of an insurance policy. The parties, through counsel, admit that had the surgery in question been performed by a person licensed to practice medicine in Texas under…