Chavez v. State Farm Mutual Automobile Insurance

OPINION

STEPHENSON, Justice.

Appellant (State Farm) appeals a summary judgment rendered for Clara Chavez which pronounced invalid an exclusion of uninsured motorist coverage in an automobile insurance policy when the insured is occupying an uninsured motor vehicle owned by him at the moment of injury. The validity of that exclusion is the sole issue for decision.

While riding his uninsured motorcycle, Francisco Chavez, appellee’s husband, was killed in a collision with an uninsured motorist. At the time, he had an insurance policy on another vehicle providing uninsured motorist coverage. Mrs.…