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FERGUSON v. AETNA CASUALTY & SURETY COMPANY

No. 4149.

369 S.W.2d 844 (1963)

Thomas D. FERGUSON et ux., Appellants, v. AETNA CASUALTY & SURETY COMPANY, Argonaut Insurance Company, and Donald E. Bowles, d/b/a Shelton and Bowles Insurance Agency, Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied August 15, 1963.

Attorney(s) appearing for the Case

Carter, Gallagher, Jones & Magee, Joe Hill Jones, Dallas, for appellant.

Bailey & Williams, James C. Allums, Jr., L. W. Anderson, Touchstone, Bernays & Johnston, Wade Smith, Dallas, for appellee.

McDONALD, Chief Justice.

Plaintiff sued defendant Insurance Companies upon the "medical payments provision" of policies issued upon her automobile (and sued defendant Insurance Agency upon policy which was requested but not issued). Such policies provide medical payments for the named insured who sustains "bodily injury, caused by accident, while occupying or through being struck by an automobile." The term "occupying" is defined in the policy as meaning "...

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