Texas Supreme Court

Grain Dealers Mutual Insurance Company, Petitioner v. Gerald Wayne McKee and Wife, Diana Michelle McKee…

April 18, 199740 Tex. Sup. Ct. J. 483

Summary

The Texas Supreme Court held that the Business Auto Policy issued to Future Investments, Inc. does not provide uninsured/underinsured motorist or personal injury protection coverage for Gerald McKee's daughter, Kelly, because she does not fall within any of the endorsement definitions of an insured and the policy is unambiguous. The Court reversed the Court of Appeals and entered judgment for Grain Dealers. Justice Spector dissented, arguing that the policy is ambiguous and should be construed in favor of coverage for Kelly.