Kemp v. Fidelity and Casualty Company of New York

The facts of this case are set forth in the opinion of the Court of Civil Appeals. 504 S.W.2d 633. We denied application for writ of error, no reversible error. On motion for rehearing petitioners offer additional arguments which should be noted, even though the motion is overruled.

Petitioners brought this suit to recover from the respondent insurance companies (which issued petitioners automobile liability policies 1 ) the difference between the amount petitioners recovered from Smith, who proximately caused the accident that led to petitioners’ damages, and the $10,000.00 per person limit…