Garcia v. Employers Casualty Company

REYNOLDS, Justice.

Posed is the query whether, in plaintiff’s district court suit timely filed to appeal an award by the Industrial Accident Board, the erroneous naming of Texas Employers’ Insurance Association as the defendant insurance carrier rather than accurately naming Employers Casualty Company, which would have been the true party defendant to the appeal, is a misnomer that may be corrected by a supplemental petition filed after the time allowed for the appeal has expired. The trial court summarily determined, and correctly so under Texas law, that the principle of misnomer was…