Employers' Mut. Liability v. Strother

2 Citing cases

  1. Carney v. Kroger Company

    455 S.W.2d 329 (Tex. Civ. App. 1970)   Cited 2 times

    This fact, as is the case with references to facts generally, may be established by circumstantial evidence. Employers Mutual Liability Insurance Company v. Strother, 358 S.W.2d 753 (Tex.Civ.App. — Waco 1962, error ref., n.r.e.). The burden of the trial court in such a case was defined in the leading case of Joske v. Irvine, 91 Tex. 574, 44 S.W. 1059 (1898), where the court said:

  2. Texas Employers' Insurance Ass'n v. Williams

    447 S.W.2d 232 (Tex. Civ. App. 1969)   Cited 3 times

    The present case is, therefore, distinguished from those cases where the physician's misrepresentations are communicated to the claimant through an agent or adjuster or are used by the adjuster in making the settlement. Illustrative of such cases are: Graves v. Hartford Accident Indemnity Co., 138 Tex. 589, 161 S.W.2d 464 (Tex.Com.App.); Texas Employers' Ins. Ass'n v. Maynard, 362 S.W.2d 128 (Tex.Civ.App.), writ ref., n.r.e.; Vineyard v. Texas Employers' Ins. Ass'n, 263 S.W.2d 675 (Tex.Civ.App.), writ ref., n.r.e.; Texas Employers' Ins. Ass'n v. Kelly, 261 S.W.2d 480 (Tex.Civ.App.), no writ hist.; Employers Mutual Liability Ins. Co. v. Strother, 358 S.W.2d 753 (Tex.Civ.App.), writ ref., n.r.e.; O'Quinn v. Texas Employers' Ins. Ass'n., 219 S.W.2d 119 (Tex.Civ.App.), writ ref., n.r.e.; Traders General Insurance Company v. Wright, 437 S.W.2d 658 (Tex.Civ.App.), no writ hist. Thus, the controlling issue boils down to whether Dr. King was appellant's agent at the time he made the alleged misrepresentation. Dr. King testified that he is an orthopedic surgeon in the practice of medicine.