Rau v. American Nat. Ins. Co.
Rau v. American Nat. Ins. Co.
Opinion of the Court
This is an appeal from an order granting a temporary injunction in favor of appellee, restraining appellant from instituting other and additional suits against appellee on a “certain contract of accident and health insurance, No. 58390, so long as suit in the county court of Freestone county and suit No. 1252 in justice court of Precinct No. 6 of Freestone county, Tex., shall remain pending and undisposed of upon the dockets of said courts.”
Appellant held a policy of accident and health insurance, numbered 58390, issued by appellee, which policy provided for a monthly indemnity of $100 per month during the *646 period of injury, not to exceed 24 months. At the time the injunction was granted appellant had pending two suits, one for $1,000 for 10 monthly installments in the county court, and one in the justice court for $100 for 1 monthly installment, claiming said amounts had accrued and were due under the terms of said contract, by reason of his having been injured and disabled, and in said suits it was alleged that they were brought without prejudice to suit on other installments that might become due in the future. Appellee alleged as a ground for an injunction as follows: “And this plaintiff here now alleges that the said Ed J. Rau, by electing to file his said suit in the county court, as aforesaid, in which he sues this plaintiff for $1,000 damages under his said alleged policy of insurance and contract of indemnity, is estopped from suing in any other court for further damages, based upon said contract of insurance” — and after alleging the institution of the suit by appellant in the justice court, proceeds: “And the said Ed J. Rau is threatening to sue and will institute different and other suits monthly in the said justice court against this plaintiff, based upon the same contract and policy of insurance and same alleged injury and cause of action, unless restrained and enjoined from so doing, and will harass this plaintiff and cause it to employ counsel and defend suits so instituted by defendant, Ed J. Rau, who is wholly insolvent, and will greatly damage this plaintiff, for which it will suffer irreparable injury, and for which it has no adequate remedy.”
The judgment is reversed, and the injunction dissolved.
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