Fontanez v. Texas Farm Bureau Insurance Companies

MOTION FOR REHEARING

SMITH, Justice,

(retired).

Appellant’s motion for a rehearing is granted. Our opinion and judgment issued on July 27, 1992 are withdrawn and the following opinion is substituted in lieu thereof.

The sole issue in this appeal is whether the Texas standard automobile insurance policy provision which excludes an insured’s vehicle from the definition of “uninsured motor vehicle” is a valid and enforceable provision when applied to the facts of this case. Specifically, can an insured recover uninsured benefits when injured by an uninsured thief who is operating the insured’s own…