Legal Opinion
Hernandez v. Great American Insurance Co. of New York
Texas Supreme Court
Decided February 24, 1971No. B-2343PublishedCited by 70 opinions
1Opinion of the Court
REAVLEY, Justice.
The question here is the time of the accrual of a Stowers type cause of action. We recognize that the Texas law to date has required the insured to pay some portion of the judgment against him before bringing suit for reimbursement from the insurer. Our reconsideration brings us to eliminate the requirement of prepayment and to allow the suit from the time liability is fixed by final judgment.
In 1958 one A. T. Baucum was injured in an automobile accident. He sued Jesus R. Hernandez, the employer of the driver of the other vehicle, for damages alleged to total $155,000.…
2Cases cited26 opinions
- Renfro Drug Co. v. LewisTexas Supreme Court · 1950
- G. A. Stowers Furniture Co. v. American Indemnity Co.Texas Supreme Court · 1929
- Atkins v. CroslandTexas Supreme Court · 1967
- Gray v. Nationwide Mutual InsuranceSupreme Court of Pennsylvania · 1966
- Union Bus Lines v. ByrdTexas Supreme Court · 1944
21 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Murray v. San Jacinto Agency, Inc.Texas Supreme Court · 1991
- Rocor International, Inc. v. National Union Fire Insurance Co. of PittsburghTexas Supreme Court · 2002
- Street v. Honorable Second Court of AppealsTexas Supreme Court · 1988
- Roldan v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- In Re Smith Barney, Inc.Texas Supreme Court · 1998
65 more not listed; retrieve them via the Exa API.