Hamaker v. American States Insurance Co. of Texas

COLEMAN, Justice.

This is an appeal from a summary judgment for the defendant granted in a suit for damages brought under the uninsured motorist provision of an insurance policy. The crucial question concerns the validity of a provision in the policy permitting the insurer to reduce the amount payable under the terms of the policy by the amount the insured has received in workmen’s compensation payments.

Since the case has not been tried on its merits, the total damage suffered by appellant as a result of the accident has not been established. He alleged his damage to be the sum of $16,800.00.…