Legal Opinion

Home State County Mutual Insurance Company and Safeco v. Dalbert Binning and Arlene Small

Texas Court of Appeals, 5th District (Dallas)

Decided December 14, 2012No. 05-12-00246-CVPublishedCited by 1 opinion

1Opinion of the Court

OPINION

Opinion by

Justice MARTIN RICHTER.

Home State County Mutual Insurance Company (“Home State”) brings this interlocutory appeal from the trial court’s denial of a motion for partial summary judgment. Home State raises a single issue in this Court, contending an uninsured motorist policy provision does not cover damages sustained by the insured when a passenger from another vehicle assaulted the insured after a minor rear-end collision. We agree with Home State. Accordingly, we reverse the trial court’s order and remand this case to the trial court.

I

Dalbert Benning (“Benning”) 1 and Arlene…

2Cases cited10 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Valence Operating Co. v. DorsettTexas Supreme Court · 2005
  3. Mid-Century Insurance Co. of Texas v. LindseyTexas Supreme Court · 1999
  4. State Farm Mutual Automobile Insurance Co. v. WhiteheadTexas Supreme Court · 1999
  5. Lancer Insurance Co. v. Garcia Holiday ToursTexas Supreme Court · 2011

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

3Cited by1 opinion

  1. Debora Hughey and Larry Hughey v. Liberty County Mutual Insurance Company, Texas Court of Appeals, 13th District2025

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