Legal Opinion

Progressive County Mutual Insurance Co. v. Kelley

Texas Supreme Court

Decided March 27, 2009No. 08-0073PublishedCited by 97 opinions

1Per curiam

In this case, we consider whether two documents issued by an insurance company constitute two separate insurance policies or a single policy. We hold that this is a fact question and remand to the tidal court.

Regan Kelley was struck by a car while riding her horse. Medical expenses for her injuries are alleged to have exceeded $1 million. After receiving $100,000 in benefits from the motorist’s insurer, Kelley made a claim with Progressive County Mutual Insurance Company (“Progressive”) for underinsured benefits under a policy issued to her parents, which also covered Kelley. At the time of…

2Cases cited10 opinions

  1. Coker v. CokerTexas Supreme Court · 1983
  2. FM Properties Operating Co. v. City of AustinTexas Supreme Court · 2000
  3. J.M. Davidson, Inc. v. WebsterTexas Supreme Court · 2003
  4. National Union Fire Insurance Co. of Pittsburgh v. CBI Industries, Inc.Texas Supreme Court · 1995
  5. Texas Workers' Compensation Commission v. Patient Advocates of TexasTexas Supreme Court · 2004

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3Cited by97 opinions

  1. Italian Cowboy Partners, Ltd. v. Prudential Insurance Co. of AmericaTexas Supreme Court · 2011
  2. Uri, Inc. v. Kleberg Cnty.Texas Supreme Court · 2018
  3. King v. Baylor UniversityCourt of Appeals for the Fifth Circuit · 2022
  4. Montenegro v. Ocwen Loan Servicing, LLCCourt of Appeals of Texas · 2013
  5. Murphy Exploration & Prod. Company-usa, Corp. v. Shirley Adams, Charlene Burgess, Willie Mae Herbst Jasik, William Albert Herbst, Helen Herbst, & R. May Oil & Gas Co.Texas Supreme Court · 2018

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