McDonald v. Southern County Mutual Insurance Co.

OPINION

JANE BLAND, Justice.

In an insurance coverage bench trial arising from an auto-pedestrian accident, the trial court rendered a judgment in favor of appellee, Southern County Mutual Insurance Co. (Southern County), denying coverage. We hold that (1) appellants, Edward Lee McDonald and Bobby J. Robinson, were not “occupying” a motor vehicle at the time of their injuries and therefore did not qualify as insureds under the insurance policy at issue; and (2) the accident did not arise out of the maintenance or use of a motor vehicle. We therefore affirm.

The Facts

In August 2001, at about 9:30…