Tindall Pontiac, Inc. v. Liberty Mutual Insurance Co.

On Motion for Rehearing.

BARROW, Chief Justice.

Our opinion of April 2, 1969, is withdrawn and the following substituted therefor.

The question presented by this appeal is whether a Texas standard family automobile policy extends liability coverage, under the omnibus clause, to the employee of a garage who is involved in a collision while servicing said insured vehicle. The trial court held that coverage was excluded under the terms of said policy and entered a take-nothing judgment in appellant’s suit for reimbursement of the sum of $550.00 paid to the third party in settlement of his claim for…