NATIONAL EMBLEM INSURANCE COMPANY v. McCLENDON

No. 8095.

481 S.W.2d 186 (1972)

NATIONAL EMBLEM INSURANCE COMPANY, Appellant, v. Edward McCLENDON, Appellee.

Court of Civil Appeals of Texas, Texarkana.

March 28, 1972.


Attorney(s) appearing for the Case

Charles H. Clark, Tyler, for appellant.

Doyle Curry, Jones, Jones & Baldwin, Marshall, for appellee.


RAY, Justice.

Appellee, Edward McClendon (Plaintiff), sued Appellant, National Emblem Insurance Company (Defendant), for the limits of its automobile liability policy in the sum of $10,000.00. McClendon had recovered a judgment for $20,695.66 against Annette McDonald and husband Edgar McDonald in a separate suit. This judgment had been credited with $10,695.00, leaving a balance due to McClendon in the sum of $10,000.00. McClendon was seeking recovery of the $10,000...

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