Texas Farm Bureau Mutual Insurance Co v. Tatum

JACKSON B. SMITH, Jr., Justice (Retired). 1

This is a one-car accident case wherein the Appellant, the owner/insured’s insurance carrier, denied coverage for claims made by passengers for benefits provided in the underinsured provisions of the insured’s policy. In a nonjury trial, the trial court determined that Appellant had improperly denied coverage, awarded damages, assessed statutory penalties, and awarded attorney’s fees.

Appellant does not contest the amount of actual damages found by the court, however, it asserts that, (1) its policy specifically excludes the insured’s vehicle from…