State Farm Mutual Automobile Insurance Co. v. Hinojosa

WILSON, Justice.

Hinojosa and his employer’s workmen’s compensation carrier recovered a judgment for his personal injuries in an automobile accident, against Yeary, appellant’s insured under an automobile liability policy. See Yeary v. Hinojosa, Tex.Civ.App., 307 S.W.2d 325, writ ref. n. r. e., as to the history of that litigation.

Yeary failed to pay the judgment, and Hinojosa brought this action against appellant, as Yeary’s insurer, to recover the amount of the judgment. Appellant pleaded as a defense the breach by Yeary of a policy condition requiring him to give notice of an accident “as…