El-Habr v. Mountain States Mutual Casualty Co.

OPINION

SPURLOCK, Justice.

This is a suit against an independent insurance agent and an insurance company alleging inter alia negligence in failing to provide uninsured motorist property damage protection pursuant to Tex.Ins.Code Ann. art. 5.06-1 (1981) as amended effective August 29, 1977, and in failing to notify plaintiff of such noncoverage. The trial court rendered summary judgment for the defendants.

The question before us is whether the agent was under a statutory duty to provide the uninsured property damage coverage unless expressly rejected by the insured. We hold that there was no…