Legal Opinion

McCarthy v. Insurance Company of Texas

Court of Appeals of Texas

Decided September 8, 1954No. 12712PublishedCited by 17 opinions

1Opinion of the Court

POPE, Justice.

The question presented by this appeal is whether, in the case of a first automobile accident, the Safety Responsibility Law permits an insurer to plead its policy defenses to defeat an action brought by a third person against the insured. We hold that the insurer may plead its policy defenses and affirm the trial court’s judgment.

Plaintiff, John McCarthy, suffered an injury in a collision with a vehicle, owned and operated by Benito Z. Sanchez. Sanchez owned an insurance policy with the Insurance Company of Texas. McCarthy sued Sanchez for injuries sustained in the accident.…

2Cases cited9 opinions

  1. Farm Bureau Mut. Automobile Ins. Co. v. HammerCourt of Appeals for the Fourth Circuit · 1949
  2. State Farm Mutual Automobile Insurance v. ArghyrisSupreme Court of Virginia · 1949
  3. Cohen v. Metropolitan Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1931
  4. Kentucky Farm Bureau Mut. Ins. Co. v. MilesCourt of Appeals of Kentucky (pre-1976) · 1954
  5. State Compensation Ins. Fund v. Bankers Indem. Ins. Co.Court of Appeals for the Ninth Circuit · 1939

4 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Jenkins v. Mayflower Insurance ExchangeArizona Supreme Court · 1963
  2. Perkins v. PerkinsMissouri Court of Appeals · 1955
  3. United States Fidelity and Guaranty Co. v. WalkerSupreme Court of Oklahoma · 1958
  4. Western Alliance Insurance Company v. AlbarezCourt of Appeals of Texas · 1964
  5. Employers Casualty Company v. MirelesCourt of Appeals of Texas · 1975

12 more not listed; retrieve them via the Exa API.

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