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

Summary

The Texas Supreme Court affirmed the lower courts, holding that the underinsured motorist provision of Mid‑Century Insurance's policy covers the plaintiff’s injuries because the shotgun discharge was an accident and arose out of the use of the insured pickup. The Court reasoned that the injury was not the natural and probable consequence of the truck’s operation, but resulted from the child’s inadvertent entry into the vehicle, establishing the necessary causal nexus. The Court distinguished prior cases and applied the Appleman/Couch test, concluding coverage. Justice ENOCH, dissenting, argued that the majority’s view conflicts with National Union Fire Insurance Co. v. Merchants Fast Motor Lines and that no coverage should be afforded.