Legal Opinion

Employers Mutual Casualty Co. v. Bonilla

Court of Appeals for the Fifth Circuit

Decided July 29, 2010No. 09-10476PublishedCited by 4 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

This is an insurance coverage dispute. It arose after a state court judgment established liability for a serious accident. The district court granted a Motion for Summary Judgment in favor of the insurance companies, finding there to be no coverage. We hold that the district court erred in denying coverage based on the argument that the injury did not arise from “use” of the vehicle. Another exclusion under the relevant policies remains to be considered, however, that was not addressed because of the district court’s initial ruling. We REVERSE and REMAND for…

2Cases cited8 opinions

  1. Leleaux v. Hamshire-Fannett Independent School DistrictTexas Supreme Court · 1992
  2. Ford Motor Co. v. Texas Department of TransportationCourt of Appeals for the Fifth Circuit · 2001
  3. Mid-Century Insurance Co. of Texas v. LindseyTexas Supreme Court · 1999
  4. Thompson v. Travelers Indemnity Co. of Rhode IslandTexas Supreme Court · 1990
  5. Travelers Indemnity Co. v. Citgo Petroleum Corp.Court of Appeals for the Fifth Circuit · 1999

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. American States Insurance v. Travelers Property Casualty Co.California Court of Appeal · 2014
  2. Salcedo v. Evanston InsuranceDistrict Court, W.D. Texas · 2011
  3. Acuity, A Mutual Insurance Company v. DominguezDistrict Court, N.D. Texas · 2021
  4. U.S. Env't, L.P. v. Am. Int'l Specialty Lines Ins. Co.District Court, S.D. Texas · 2017

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