Legal Opinion · Dissent

Maryland American General Insurance Co. v. Ramsay

Court of Appeals of Texas

Decided May 29, 1975No. 962Published

1DissentNye, Chief Justice

The majority states that the term “commercial automobile” as used in the policy is not ambiguous. However, they go to great lengths to construe all of the facts (as favorable as possible), to bring the exclusionary clause into operation. The majority places great emphasis on these facts: that the deceased was servicing and repairing an air-conditioning unit; that he was doing this in the course of his occupation; that he was driving a pickup truck (a commercial type vehicle); and finally concluding that it was obvious that the principal purpose of the automobile that the deceased was driving,…

2Cases cited7 opinions

  1. Robert D. Voelker v. The Travelers Indemnity CompanyCourt of Appeals for the Seventh Circuit · 1958
  2. Allstate Insurance v. HoffmanAppellate Court of Illinois · 1959
  3. Kirk v. Nationwide Mutual Insurance CompanySupreme Court of North Carolina · 1961
  4. Hardee v. Southern Farm Bureau Casualty Insurance Co.Louisiana Court of Appeal · 1961
  5. Rebecca B. Blackwell and William G. Blackwell v. United States of America and Aetna Casualty and Surety CompanyCourt of Appeals for the Fifth Circuit · 1963

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