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[Download] "Heyden Newport Chemical Corporation v. Southern General Insurance Company" by Supreme Court of Texas ~ eBook PDF Kindle ePub Free

Heyden Newport Chemical Corporation v. Southern General Insurance Company

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eBook details

  • Title: Heyden Newport Chemical Corporation v. Southern General Insurance Company
  • Author : Supreme Court of Texas
  • Release Date : January 27, 1965
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 80 KB

Description

This is a suit between petitioners, Heyden Newport Chemical Corporation and its insurer, The Insurance Company of North America, against Southern General Insurance Company, the respondent, to recover the cost of defending a prior suit under the omnibus clause of Southern Gnerals policy. In the prior suit Heyden Newport Chemical Corporation, Newport Industries Division, hereinafter referred to as "Newport Industries", was named as a defendant along with Raymond Pickering and Arthur Marks in an action brought to recover damages for the death of Sam Traylor. The defendant, Raymond Pickering, carried an automobile liability insurance policy with the Southern General Insurance Company, hereinafter referred to as "Southern General". Newport Industries demanded that Southern General furnish it a defense in such prior suit, claiming to be an additional insured under the omnibus provision of the policy covering Pickering. Southern General furnished Pickering and Marks a defense but refused to defend Newport Industries. Newport Industries had a policy of insurance with The Insurance Company of North America, who furnished this defense and joined Newport Industries in the present suit as a plaintiff. A jury being waived, the trial court after hearing evidence granted judgment for Southern General. The Court of Civil Appeals has affirmed 376 S.W.2d 821. We reverse the judgments of the Court of Civil Appeals and the trial court and remand with instructions.


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