Legal Opinion
United Services Automobile Ass'n v. Dicarlo
Court of Appeals of Texas
Decided May 9, 1984No. 08-83-00260-CVPublishedCited by 1 opinion
1Opinion of the Court
OPINION
OSBORN, Justice.
Our opinion and judgment of April 11, 1984, are withdrawn and the following is the opinion of the Court.
In this case we must decide whether there may be a double recovery for funeral and hospital expense under two separate Texas policies providing Personal Injury Protection (P.I.P.). We conclude that a double recovery is not permitted and the judgment of the trial court is reversed.
The facts are not in dispute. Frank J. DiCarlo’s son, Donald, died as the result of personal injuries which he received while riding as a passenger in a vehicle driven by John J. Bothne, Jr.…
2Cases cited6 opinions
- American Motorists Insurance Company v. BriggsTexas Supreme Court · 1974
- Dabney v. Home Insurance Co.Texas Supreme Court · 1982
- Creighton v. Fidelity & Casualty Co. of New YorkCourt of Appeals of Texas · 1979
- Guerrero v. Aetna Casualty & Surety Co.Court of Appeals of Texas · 1978
- Carter v. Republic Insurance Co.Court of Appeals of Texas · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Mid-Century Insurance Co. of Texas v. KiddTexas Supreme Court · 1999