Gomez v. Allstate Texas Lloyds Insurance Co.

241 S.W.3d 196, 2007 Tex. App. LEXIS 8687, 2007 WL 3203112
CourtCourt of Appeals of Texas
DecidedNovember 1, 2007
Docket2-06-233-CV
StatusPublished
Cited by25 cases

This text of 241 S.W.3d 196 (Gomez v. Allstate Texas Lloyds Insurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gomez v. Allstate Texas Lloyds Insurance Co., 241 S.W.3d 196, 2007 Tex. App. LEXIS 8687, 2007 WL 3203112 (Tex. Ct. App. 2007).

Opinion

OPINION

ANNE GARDNER, Justice.

I. Introduction

This is a liability insurance dispute concerning coverage under a homeowner’s policy for bodily injury arising from the use of a “four-wheeler” all-terrain vehicle. Appellants Linda and Christopher Gomez appeal from the trial court’s grant of summary judgment in favor of Appellee Allstate Texas Lloyds Insurance Company. The Gomezes raise three issues. First, the Gomezes argue the trial court improperly interpreted the scope of the policy’s recreational vehicle exception to the motor vehicle exclusion. Second, the Gomezes argue that Allstate owes a duty to defend because the underlying pleadings as to where the accident occurred at least potentially allege a claim within the exception to the motor vehicle exclusion. Finally, the Gomezes argue the trial court improperly rendered judgment on Allstate’s duty to indemnify. We reverse and remand.

II. Factual and Procedural Background

The Gomezes sued Jamy and Lara Johnson for injuries alleged to have occurred when Austin Gomez — the Gomezes’ then six-year-old son — was a guest at the John-sons’ home, and Jamy placed Austin on a four-wheeler with no protective gear and *200 allowed him to operate the vehicle. The Gomezes’ petition alleges that Austin lost control of the four wheeler and “went over an embankment.” The petition further alleges that the Johnsons were negligent in the following ways:

(a) In failing to properly supervise, control, and/or prohibit the use of the four-wheeler;
(b) In allowing a six year old to use a motorized vehicle on public streets;
[[Image here]]
(d) In failing to instruct and train [Austin] as to how to use the brakes to stop the four-wheeler;
(e) In failing to instruct and train [Austin] as to how to turn the steering wheel on the four-wheeler;
[[Image here]]
(h) In allowing an unreasonably dangerous vehicle to exist on the premises where children would be attracted to this nuisance;
(i) In failing to protect and safeguard small children from unreasonably dangerous conditions on the premises;
(j) In failing to warn of the potential existence of unreasonably dangerous conditions on the premises;
(k) In allowing an unlicensed, untrained, underage child to ride the four-wheeler without any adult supervision....

Allstate provided a defense under a reservation of rights and filed a declaratory judgment action, seeking a declaration that it had no duty to defend or indemnify the Johnsons because the pokey’s motor-vehicle exclusion precluded coverage. 1 Allstate then filed a traditional motion for summary judgment in the declaratory judgment suit. As summary judgment evidence, Allstate relied solely on the Go-mezes’ original petition in the underlying lawsuit and the homeowner’s policy issued to the Johnsons. The trial court granted Allstate’s motion for summary judgment and the Gomezes filed this appeal.

III. The Insurance Policy

The homeowner’s insurance policy issued by Allstate to the Johnsons contains the following potentially relevant provisions:

SECTION II — LIABILITY COVERAGE
COVERAGE C (Personal Liability).
If a claim is made or a suit is brought against an insured for damages because of bodily injury or property damage caused by an occurrence to which this coverage applies, we will:
1. pay up to our limit of liability for the damages for which the insured is legally liable. Damages include prejudgment interest awarded against the insured; and
2. provide a defense at our expense by counsel of our choice even if the suit is groundless, false or fraudulent. We may investigate and settle any claim or suit that we decide is appropriate.
[[Image here]]
SECTION II — EXCLUSIONS
1. Coverage C (Personal Liability) and Coverage D (Medical Payments to Others) do not apply to:
[[Image here]]
f. bodily injury or property damage arising out of the ownership, main *201 tenance, operation, use, loading or unloading of:
(1) motor or engine propelled vehicles or machines designed for movement on land, including attached machinery or equipment;
(2) trailers, semi-trailers or mobile homes; which are owned or operated or rented or loaned to an insured. 2

However, this exclusion does not apply to:

(1) motor vehicles which are not subject to motor vehicle registration and are:
(a) used for assisting the handicapped.
(b) used to service an insured location.
(c) golf carts while on the residence premises or used for golfing purposes.
(d) designed and used for recreational purposes; and are:
(i) not owned by an insured; or
(ii) owned by an insured while on the residence premises. 3
(e) in dead storage on the residence premises.
(f) used exclusively on the residence premises. 4

IY. Standard of Review

We review the trial court’s granting of a motion for summary judgment de novo. Natividad v. Alexsis, Inc., 875 S.W.2d 695, 699 (Tex.1994). In a summary judgment ease, the issue on appeal is whether the movant met the summary judgment burden by establishing that no genuine issue of material fact exists and that the movant is entitled to judgment as a matter of law. Tex.R. Civ. P. 166a(c); Sw. Elec. Power Co. v. Grant, 73 S.W.3d 211, 215 (Tex.2002); City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex.1979).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

L.H. v. N.H.
Court of Appeals of Texas, 2015
Stephens v. LNV Corp.
488 S.W.3d 366 (Court of Appeals of Texas, 2015)
Loyd Stephens and Denise Stephens v. LNV Corporation
Court of Criminal Appeals of Texas, 2015
in the Estate of Rosa Elvia Guerrero
465 S.W.3d 693 (Court of Appeals of Texas, 2015)
Mary Kay Holding Cor v. Federal Insurance C
309 F. App'x 843 (Fifth Circuit, 2009)
Simco Enterprises, Ltd. v. James River Insurance
566 F. Supp. 2d 555 (E.D. Texas, 2008)
Shari A. Wynne v. Citibank South Dakota N.A.
Court of Appeals of Texas, 2008
GENERAL STAR INDEMNITY CO. v. Gulf Coast Marine Associates, Inc.
252 S.W.3d 450 (Court of Appeals of Texas, 2008)
Carbonara v. Texas Stadium Corp.
244 S.W.3d 651 (Court of Appeals of Texas, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
241 S.W.3d 196, 2007 Tex. App. LEXIS 8687, 2007 WL 3203112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gomez-v-allstate-texas-lloyds-insurance-co-texapp-2007.