Legal Opinion · Dissent

Nationwide Insurance Co. v. Elchehimi

Texas Supreme Court

Decided March 28, 2008No. 06-0106Published

1DissentJustice O’Neill

An axle-and-wheel assembly detached from an unidentified tractor-trailer and, propelled by the vehicle’s momentum, flew across the highway median, striking Moha-mad Elchehimi’s car and injuring its occupants. The Court concludes there was no actual physical contact between the two vehicles as the uninsured-motorist statute requires, and thus Elehehimi was not cov- • ered under his standard automobile insurance policy. The Court purports to rely upon the statute’s plain language, but nothing in that language compels the Court’s holding, and the statute’s remedial purpose clearly belies it. In…

2Cases cited22 opinions

  1. National Union Fire Insurance Co. of Pittsburgh v. CBI Industries, Inc.Texas Supreme Court · 1995
  2. Stracener v. United Services Automobile Ass'nTexas Supreme Court · 1989
  3. Latham v. Mountain States Mutual Casualty Co.Court of Appeals of Texas · 1972
  4. Texas Farm Bureau Mutual Insurance Co. v. SturrockTexas Supreme Court · 2004
  5. Old American County Mutual Fire Insurance Co. v. SanchezTexas Supreme Court · 2004

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API