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Old American County Mutual Fire Insurance Co. v. Villegas

Court: Tx 1-Houston  07/16/2019  Appellate Court Vacates Trial Court Judgment and Remands Proceeding because Default Judgment was Interlocutory and Subsequent Turnover Order was Void

The court determined that, because the claimant's default judgment against a driver of an automobile did not dispose of its negligent entrustment claim against the owner of the automobile, the subequent turnover order entered before a final judgment was void. The trial court did not have subject matter jurisdiction over the claimant's subsequent amended petition against the driver's insurer because the claimant lacked standing to assert first-party claims against the insurer.

automobile liability insurance policy, default judgment, final judgment, turnover order, subject matter jurisdiction, standing, first-party insurance claims

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