(DOWNLOAD) "Members Insurance Company v. Clifford Branscum" by Fifth District, Dallas Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Members Insurance Company v. Clifford Branscum
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 16, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Clifford Branscum brought this suit as a third-party beneficiary on an automobile liability insurance policy issued by Members Insurance Company. The parties tried the case to the court on an agreed statement of facts. The trial court rendered judgment for Branscum for Members policy limits. In three points of error, Members contends the trial court erred in: (1) denying it summary judgment since Members showed as a matter of law that its insureds failure to comply with the policy provisions prejudiced Members; (2) granting Branscum judgment since the agreed statement of facts showed as a matter of law that the insureds failure to cooperate and forward the suit papers prejudiced Members; and (3) requiring Members to prove "substantial" prejudice and holding Members to a standard of ordinary care. We hold that Members established as a matter of law that its insureds failure to cooperate and to forward suit papers to Members prejudiced Members. We reverse the trial courts judgment and render judgment that Branscum take nothing from Members.