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Liberty Mut. Fire Ins. Co. v. Sanford

Supreme Court of Texas
Jun 15, 1994
879 S.W.2d 9 (Tex. 1994)

Summary

adopting Justice Cornyn's concurring and dissenting opinion, which formed the plurality in Johnson

Summary of this case from Johnson v. State Farm Mut. Automobile Ins. Co.

Opinion

No. D-3453.

June 15, 1994.

Appeal from the 157th District Court, Harris County, Michael Schmeider, J.

Ann Moore, Houston, for petitioner.

Bruce L. Jamison and Ernie Hill, Houston, for respondents.


ON MOTION FOR REHEARING


We consider the effect of National County Mut. Fire Ins. Co. v. Johnson, 879 S.W.2d 1 (Tex. 1993) concerning the validity of a family member exclusion in a Texas automobile liability policy. After an automobile accident and the initiation of a lawsuit between several family members, Liberty Mutual Fire Insurance Company (Liberty Mutual) filed a declaratory judgment action, asserting that the family member exclusion in the policy precluded any duty by Liberty Mutual to defend or indemnify the family member who was sued. Liberty Mutual filed a motion for summary judgment which the trial court granted. The court of appeals reversed the summary judgment and remanded to the trial court. 845 S.W.2d 354. The court held, among other things, that the family member exclusion violates the Texas Safety Responsibility Act, TEX.REV.CIV.STAT.ANN. art. 6701h, § 1(10).

In National County Mut. Fire Ins. Co. v. Johnson, the judgment of the court was determined by the plurality (Hightower, J., joined by Doggett, Gammage and Spector, JJ.) and the concurring and dissenting (Cornyn, J., concurring and dissenting) opinions. The scope of the court's judgment was determined by the concurring and dissenting opinion: "[T]he family member exclusion is invalid only to the extent it conflicts with the Texas Safety Responsibility Act . . . that is, to the statutorily-imposed minimum limit of automobile liability insurance imposed by the Act." Id. at 1-2 n. 1 (Cornyn, J., concurring and dissenting). Liberty Mutual's motion for rehearing of its application for writ of error is overruled.


Summaries of

Liberty Mut. Fire Ins. Co. v. Sanford

Supreme Court of Texas
Jun 15, 1994
879 S.W.2d 9 (Tex. 1994)

adopting Justice Cornyn's concurring and dissenting opinion, which formed the plurality in Johnson

Summary of this case from Johnson v. State Farm Mut. Automobile Ins. Co.

adopting reasoning of plurality opinion in Johnson

Summary of this case from Johnson v. State Farm Mut. Automobile Ins. Co.

explaining scope of plurality opinion in Nat'l County Mut. Fire Ins. Co., 879 S.W.2d at 3-5, holding former auto policy exclusion barring liability coverage for "you or any family member for bodily injury to you or any family member" void only up to the minimum amount of liability coverage mandated by law

Summary of this case from Verhoev v. Progressive County

considering scope of Nat. County Mut. Ins. Co. v. Johnson, 879 S.W.2d 1, 5 (Tex. 1993), as invalidating family-member exclusion to extent it removes statutory mandatory minimum liability coverage required of motorists in Texas

Summary of this case from Charida v. Allstate Indem
Case details for

Liberty Mut. Fire Ins. Co. v. Sanford

Case Details

Full title:LIBERTY MUTUAL FIRE INSURANCE COMPANY, Petitioner, v. Vivian SANFORD…

Court:Supreme Court of Texas

Date published: Jun 15, 1994

Citations

879 S.W.2d 9 (Tex. 1994)

Citing Cases

Johnson v. State Farm Mut. Automobile Ins. Co.

Less than a year after the Johnson decision, the Supreme Court unanimously held that "the family member…

Verhoev v. Progressive County

Kimberly offers no argument or authorities as to why the definitional exclusion is invalid or against public…