State Farm Mutual Automobile Insurance Co. v. Whitehead

In this case we consider whether.an uninsured motorist policy provision covers damages sustained by the insured’s survivors when a passenger in another vehicle shot and killed the insured while he was driving his vehicle. After a bench trial, the trial court held that the policy provided uninsured motorist benefits. The court of appeals affirmed. 1 We reverse and render judgment that the plaintiffs take nothing.

The underlying facts are largely undisputed. Kevin Hawkins was riding in a van driven by his brother, Howard Hawkins, Jr., when he saw a passenger in a pickup truck with whom he…