Mid-Century Insurance Co. of Texas v. Lindsey

in which Chief Justice PHILLIPS, Justice OWEN, Justice ABBOTT, Justice HANKINSON, and Justice O’NEILL join.

The question is whether the underin-sured motorist provision of a standard Texas personal auto policy covers the insured’s bodily injuries resulting from the unintentional discharge of a shotgun on a gun rack in a pickup truck parked nearby. The answer, in this case, depends on whether, within the meaning of the policy, the injuries resulted from “an accident” “aris[ing] out of’ the “use” of the truck. The district court granted summary judgment for the plaintiff, respondent in this…