Progressive County Mutual Insurance Company, Petitioner v. Paul Sink, Respondent

Summary

The Texas Supreme Court held that the Texas Personal Auto Policy does not provide liability coverage when an insured drives a vehicle without permission, even if the vehicle is a "temporary substitute" under the policy's definition. The Court interpreted "temporary substitute" using its ordinary meaning, which requires the owner's permission, and found the policy unambiguous, thereby reversing the Court of Appeals and affirming the trial court’s dismissal of the third‑party beneficiary claim. The Court’s decision was contested by a dissent arguing that the policy’s exclusion exception should apply.