Legal Opinion

Charter Oak Fire Insurance Co. v. Pierce

Texas Court of Appeals, 5th District (Dallas)

Decided November 25, 1985No. 05-84-01317-CVPublishedCited by 3 opinions

1Opinion of the Court

STEPHENS, Justice.

This is a workers’ compensation case which arose after Pierce lost his second finger in a work-related accident. Charter Oak appeals a judgment in favor of Pierce contending that the trial court failed to credit it with all voluntary payments made prior to trial. We agree and reform the judgment for Pierce to allow proper credit to Charter Oak.

Prior to trial, Charter Oak voluntarily paid Pierce the maximum weekly benefit under section 12 of the Act 1 of $119 per week for thirty weeks, or $3,570. It was stipulated that Charter Oak would be given credit for any weekly benefits…

2Cases cited3 opinions

  1. Soto v. Texas Employers' Insurance Ass'nCourt of Appeals of Texas · 1980
  2. Zurich General Accident & Liability Insurance Co. v. HolmesCourt of Appeals of Texas · 1956
  3. Texas Employers' Insurance Ass'n v. ThornCourt of Appeals of Texas · 1980

3Cited by3 opinions

  1. National Union Fire Ins. Co. of Pittsburgh, Pa. v. RussellCourt of Appeals for the Fifth Circuit · 1992
  2. National Union Fire Insurance Co. Of Pittsburgh, Pennsylvania v. Barbara L. (Lillian) Russell, Socorro Rodriguez v. National Union Fire Insurance Co. Of Pittsburgh, PennsylvaniaCourt of Appeals for the Fifth Circuit · 1992
  3. National Union Fire Ins. Co. of Pittsburgh, Pa. v. RussellCourt of Appeals for the Fifth Circuit · 1992

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