Truck Insurance Exchange v. Musick

OPINION

STEWART, Justice (Retired).

The controlling issue before this court is the validity of the “fellow employee” exclusion in a standard form Texas Motor Vehicle liability policy. Appellant, Truck Insurance Exchange (“Truck”) sought a declaratory judgment, contending that the fellow employee exclusion relieved it of any duty to defend appellee, Calvin Musiek, in an underlying personal injury action. In three points of error, Truck asserts the trial court erred in holding the fellow employee exclusion partially unenforceable, in holding that Truck has a duty to defend Musiek in the…