Legal Opinion

Gibbs v. Allstate Insurance Co.

Court of Appeals of Texas

Decided January 15, 1965No. 16592PublishedCited by 11 opinions

1Opinion of the Court

RENFRO, Justice.

Suit No. 72442-C was filed in Wichita County by Meredith and Barbara Gibbs against Bruce L. Odom for injuries sustained by them in an automobile collision with Odom.

Odom called upon Allstate Insurance Company to defend him in said suit. Allstate refused.

Allstate filed suit No. 72745-C in which it prayed that judgment be entered declaring there was no policy in force or other contract between Odom and Allstate, and that it had no duty to defend Odom in the Gibbs suit. In the latter suit Odom filed a counterclaim against Allstate and its agent Humphrey, in which he alleged…

2Cases cited5 opinions

  1. Burroughs v. BunchCourt of Appeals of Texas · 1948
  2. Home Insurance Co. of New York v. Lake Dallas Gin Co.Texas Supreme Court · 1936
  3. Camden Fire Ins. v. HillTexas Commission of Appeals · 1925
  4. Overland Sales Co. v. American Indemnity Co.Court of Appeals of Texas · 1923
  5. Smith v. American Radiator & Standard Sanitary Corp.Court of Appeals of Texas · 1942

3Cited by11 opinions

  1. Bulla v. DonahueIndiana Court of Appeals · 1977
  2. Powell v. NarriedCourt of Appeals of Texas · 1971
  3. Cat'N Fiddle, Inc. v. Century Insurance CompanyDistrict Court of Appeal of Florida · 1967
  4. William M. Mercer, Inc. v. WoodsCourt of Appeals of Texas · 1986
  5. Zuniga v. Allstate Insurance Co., Texas Court of Appeals, 4th District (San Antonio)1985

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