Berry v. Dairyland County Mutual Insurance Co. of Texas

OPINION

BREWSTER, Justice.

The trial court sustained the defendant’s plea of privilege and the plaintiff has appealed.

The plaintiff, Marion Reese Berry, filed this suit against the defendant, Dairyland County Mutual Insurance Company of Texas, seeking to recover upon the “personal injury protection” coverage sold by defendant to plaintiff in connection with the automobile liability insurance policy that Berry had purchased from the defendant.

Plaintiff had purchased the liability policy from defendant on July 2, 1973. On August 27, 1973, Art. 5.06-3 of the Texas Insurance Code became effective…