Texas Supreme Court

Mid-Century Insurance Company of Texas, a Division of the Farmers Insurance Group of Companies, Petitioner, V…

September 9, 1999997 S.W.2d 153

Summary

The Texas Supreme Court affirmed that the underinsured motorist provision of the Mid‑Century policy covers the plaintiff's injuries because the shotgun discharge was an accident arising out of the use of the pickup truck. The Court held that the boy's attempt to enter the vehicle was the direct cause of the discharge and that the vehicle produced the injury. Justice ENOCH, dissenting, argued that the majority improperly distinguishes this case from National Union and that no coverage exists.