# Dealers National Insurance Company v. Simmons

> Court of Appeals of Texas · November 8, 1967 · 421 S.W.2d 669

URL: https://www.frixlaw.com/law-library/cases/9647675

## Case

- **Full name:** DEALERS NATIONAL INSURANCE COMPANY, Appellant, v. Albert D. SIMMONS, Appellee
- **Court:** Court of Appeals of Texas
- **Decided:** November 8, 1967
- **Citations:** 421 S.W.2d 669; 1967 Tex. App. LEXIS 2857
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Barron
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9647675

## Opinion text

On Motion for Rehearing
On motion for rehearing, Dealers National Insurance Company, appellant, complains of our statement in the opinion herein that appellant in his first amended original answer filed a sworn pleading denying all of appellee’s allegations. After re-examining the pleadings, we find that the appellant is correct.
*677 While appellant attached an oath to the first amended original answer filed by it, it limited the oath to Sections II and III, pages 1-2 thereof, not material here, and did not extend its verifications to all of the allegations. Appellant denied that the voluntary endorsement was in effect, but it was not denied under oath in the amended answer. We accordingly correct any reference to verifications in the amended answer.
Remaining convinced that this case was correctly decided we overrule appellant’s motion for rehearing with the above corrections.
It is so ordered.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9647675. Public record. Not legal advice.