(DOWNLOAD) "Edward E. Mckimm and Doris D. Mckimm V." by Supreme Court of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Edward E. Mckimm and Doris D. Mckimm V.
- Author : Supreme Court of Texas
- Release Date : January 02, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This is an action to recover damages under the uninsured motorist provisions of an automobile liability policy issued Edward E. McKimm and wife, Doris McKimm, by Allstate Insurance Company. The trial court found that the plaintiffs delay in giving notice of their claim was excusable, but held that their subsequent failure to supply various items of proof requested by Allstate amounted to a failure of cooperation, and dismissed plaintiffs action. A divided Court of Appeals reversed the judgment of the trial court and entered judgment declaring that plaintiffs were "entitled to the uninsured motorist coverage provided by the Allstate policy." In doing so the court agreed with the trial courts finding that the delay in giving notice of claim was excusable. The majority also held that the "proof of claim" provisions of the policy were not conditions precedent to uninsured motorist coverage, and, if so, would be in conflict with the uninsured motorist statute in that they restrict the insureds right to pursue and prove their claim against Allstate. We disagree with these latter Conclusions by the Court of Appeals, but do concur in the holding that plaintiffs claim is covered under the uninsured motorist provisions of the policy issued by Allstate.
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