International Service Insurance Co. v. Walther

SHANNON, Justice.

This is an appeal from a judgment based upon a jury verdict for appellee, Walther, against appellant insurance company. Walther’s suit was for medical payment benefits under his family automobile insur- • anee policy, and concerned the construction of the “non-owned automobile” proviso. This appeal comes after the second trial of this cause, the record showing that a jury verdict was returned in the first trial but no judgment was entered.

We reverse and render judgment for appellant.

Walther was injured in a truck-train wreck on March 1, 1966 in Colorado County. At that time,…