concurring and dissenting.
I agree with the court’s opinion that, as to the settling Fincher Brothers, whatever cause of action they may have against National County Mutual is accrued.
However, I disagree with the holding that, as to Howard, his Stowers suit should not be abated. The court’s opinion states the statute of limitation rule in Linkenhoger v. American Fidelity & Casualty Co., 152 Tex. 534, 260 S.W.2d 884 (Tex.1953) remains viable and that, regardless, “an insured who so wishes may still wait until all appeals have been exhausted before being required to bring suit.” I see no reason to treat a Stowers litigant differently from any other plaintiff. The court’s opinion gives no reason for allowing this type of litigant two bites at the apple. As the holding states, “[n]o valid public policy is served by forcing an insured to bring an action which may ultimately prove unnecessary.”
Judicial economy would best be served by abating the Stowers cause until the underlying case is a final judgment. -