Legal Opinion · Dissent

Pennell v. United Insurance

Texas Supreme Court

Decided October 24, 1951No. A-3203Published

1Dissent

Mr. Justice Sharp,

joined by Justices Griffin and Smith and Chief Justice Hickman, dissenting.

I disagree with the majority opinion in holding that the *552jeep used by petitioner, under the record in this case, is not a private passenger automobile “exclusively of the pleasure car type,” and that the petitioner is not entitled to recover under the double indemnity provision of the policy of insurance.

Petitioner filed this suit against respondent to recover monthly disability benefits, plus double indemnity benefits, attorney’s fees, costs, etc., under an accident and health policy issued by…

2Cases cited11 opinions

  1. Lone Star Gas Co. v. X-Ray Gas Co.Texas Supreme Court · 1942
  2. McCaleb v. Continental Casualty Co.Texas Supreme Court · 1938
  3. Superior Oil Co. v. Stanolind Oil & Gas Co.Texas Supreme Court · 1951
  4. Kemper v. Police & Firemen's Ins. Ass'nTexas Commission of Appeals · 1932
  5. Union Pacific R. Co. v. United StatesUnited States Court of Claims · 1950

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