Hartford Accident and Indemnity Co. v. Turner

512 S.W.2d 687, 17 Tex. Sup. Ct. J. 346, 1974 Tex. LEXIS 292

Opinions

PER CURIAM.

The Court of Civil Appeals has held that the stated policy limits of the uninsured motorist coverage provided by a single mul-ti-car policy are to be “stacked” or “pyramided” where necessary to pay damages the named insured is entitled to recover from an uninsured motorist as a result of a collision while the insured was driving or occupying one of the vehicles covered by the policy. Hartford Accident & Indemnity Co. v. Turner, Tex.Civ.App., 498 S.W.2d 8. This is contrary to our recent decision in Westchester Fire Ins. Co. v. Tucker, Tex.Sup., 512 S.W.2d 679, there being no material difference in the essential facts or the relevant policy provisions. The medical payment benefits to which plaintiff is entitled were paid into the registry of the trial court, and the only question now in the case is the amount owing to plaintiff under the uninsured motorist coverage. Under the provisions of Rule 483, Texas Rules of Civil Procedure, we grant the application for writ of error and, without hearing oral argument, reverse the judgments of the courts below and remand the cause to the trial court for entry of judgment in plaintiff’s favor for $10,000.00. Costs of appeal are adjudged against plaintiff, and costs in the trial court will be assessed by that court.