Travelers Ins. Co. v. Warren

4 Citing cases

  1. Knight v. Myers

    12 Kan. App. 2d 469 (Kan. Ct. App. 1988)   Cited 30 times

    See Travelers Insurance Companyv. Warren, 447 S.W.2d 698, 702 (Tex.Civ.App.1969). The Knights are charged with knowledge of the statute of limitations and constructively knew that on or before July 8, 1983, the statute of limitations had passed on their claim against the senior Laukalas.

  2. Houston Fires&sCas. Ins. Co. v. Lee

    521 S.W.2d 739 (Tex. Civ. App. 1975)   Cited 1 times

    We hold as a matter of law, that appellee failed to establish continuing good cause for his delay in filing his claim with the Texas Industrial Accident Board within the statutory sixmonths period. Allstate Insurance Company v. King, supra; Boone v. The Continental Insurance Company, 472 S.W.2d 166 (Tex.Civ.App. Waco 1971, writ ref'd n.r.e.); Bray v. Texas Employers' Insurance Association, 483 S.W.2d 907 (Tex.Civ.App. Houston 1st Dist.1972, writ ref'd n.r.e.); Travelers Insurance Company v. Warren, 447 S.W.2d 698 (Tex.Civ.App. Tyler 1969, writ ref'd n.r.e.). The judgment of the trial court is reversed, and judgment is here rendered that appellee Lee take nothing.

  3. Travelers Ins. Co. v. Rowan

    499 S.W.2d 338 (Tex. Civ. App. 1973)   Cited 6 times
    In Travelers Insurance Company v. Rowan, 499 S.W.2d 338 (Tex.Civ.App.--Tyler 1973, writ ref'd n.r.e.), the Court affirmed a jury verdict for the claimant in a case involving good cause where the claim was filed more than two years after the first symptoms of a skin condition resulting from contact dermatitis.

    " We believe this case may be distinguished on the facts from Texas Employers Ins. Assn. v. Hancox, 162 Tex. 565, 349 S.W.2d 102 (1961); Texas Casualty Ins. Co. v. Beasley, supra, and Villarreal v. Aetna Ins. Co., 465 S.W.2d 797 (Tex.Civ.App. — San Antonio, 1971, n.w.h.) cited by defendant, as well as Travelers Ins. Co. v. Warren, 447 S.W.2d 698, wr. ref'd, n.r.e., 1969, by this Court. Defendant's points one, two and three are overruled.

  4. Villarreal v. Aetna Insurance Company

    465 S.W.2d 797 (Tex. Civ. App. 1971)   Cited 2 times

    Texas Employers Insurance Ass'n v. Hancox, 162 Tex. 565, 349 S.W.2d 102; Consolidated Casualty Insurance Co. v. Perkins, 154 Tex. 424, 279 S.W.2d 299; Petroleum Casualty Co. v. Dean, 132 Tex. 320, 122 S.W.2d 1053; Williamson v. Texas Indemnity Ins. Co., 127 Tex. 71, 90 S.W.2d 1088. ' Texas Casualty Insurance Company v. Beasley, 391 S.W.2d 33, 34, supra. See also Travelers Ins. Co. v. Warren, 447 S.W.2d 698 (Tex.Civ.App. — Tyler 1969, writ ref'd n.r.e.); Dishongh v. Texas Employers' Ins. Ass'n, 438 S.W.2d 678 (Tex.Civ.App. — Eastland 1968, no writ); Texas General Indemnity Co. v. McIlvain, 424 S.W.2d 56 (Tex.Civ.App. — Houston (14th) 1968, writ ref'd); Nunnery v. Texas Casualty Ins. Co., supra. The record shows as a matter of law that no good cause existed for the failure to file such claim until June 3, 1969, and as a matter of law, plaintiff did not exercise the degree of diligence in the filing of her claim which a reasonably prudent person would have exercised under the same or similar circumstances.