Superior Ins. Co. v. Jenkins, 3701
| Citation | 358 S.W.2d 243 |
| Decision Date | 25 May 1962 |
| Docket Number | No. 3701,3701 |
| Parties | SUPERIOR INSURANCE COMPANY, Appellant, v. John JENKINS, Appellee. |
| Court | Court of Appeals of Texas. Court of Civil Appeals of Texas |
Cade & Bowlin, Lubbock, for appellant.
Karl Cayton, Lamesa, for appellee.
This is a suit for a declaratory judgment. The questions to be adjudicated are whether Superior Insurance Company is required to defend John Jenkins in a suit filed against him by Ellis Barnes, and in the event of a recovery, pay the judgment within the its policy limits. Superior insured Jenkins under a Standard Texas Family Automobile Policy.
In a non-jury trial the court rendered judgment that Superior was obligated to defend the suit and pay any judgment within the limits of the policy. Superior has appealed contending the court erred in requiring it to defend Jenkins because 'intentionally caused injury' is excluded from coverage and in holding the pleadings in Barnes v. Jenkins came within the purview of the policy.
In the first paragraph of Barnes' petition, he pleaded that Jenkins intentionally committed an assault and battery on him which was a proximate cause of his injuries. In the second paragraph Barnes alleged, in the alternative, nine specific acts of negligence which were alleged to have been a proximate cause of his injuries.
The pertinent portions of Superior's policy are as follows:
'COVERAGE A BODILY INJURY LIABILITY: COVERAGE B PROPERTY
'To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of:
'A. Bodily injury, sickness or disease, including death resulting therefrom, hereinafter called 'bodily injury', sustained by any person;
'PART I--LIABILITY
'This policy does not apply under Part I:
'(b) To bodily injury or property damage caused intentionally by or at the direction of the insured.'
Barnes was permitted to plead...
To continue reading
Request your trial
-
Classic Performance v. Acceptance Indem.
...v. Chicago Ins. Co., Div. of Interstate Nat'l Corp., 719 F.2d 116, 119 (5th Cir.1983) (citing Superior Ins. Co. v. Jenkins, 358 S.W.2d 243, 244 (Tex.Civ.App. — Eastland 1962, writ ref d n.r.e.); Maryland Cas. Co. v. Moritz, 138 S.W.2d 1095, 1097-98 (Tex.Civ.App. — Austin 1940, writ ref d));......
-
Alea London Ltd. v. Bickford
...(5th Cir.1996); see also Rhodes v. Chicago Ins. Co., 719 F.2d 116, 119 (5th Cir.1983) (citing Superior Ins. Co. v. Jenkins, 358 S.W.2d 243, 244 (Tex.Civ.App.-Eastland 1962, writ ref'd n.r.e.)); Maryland Cas. Co. v. Moritz, 138 S.W.2d 1095, 1097-98 (Tex.Civ.App.-Austin 1940, writ ref'd); Am.......
-
American Equity Ins. Co. v. Castlemane Farms, Inc.
...(5th Cir.1996); and see Rhodes v. Chicago Ins. Co., 719 F.2d 116, 119 (5th Cir.1983) (citing Superior Ins. Co. v. Jenkins, 358 S.W.2d 243, 244 (Tex.Civ.App. — Eastland 1962, writ ref'd n.r.e.); Maryland Cas. Co. v. Moritz, 138 S.W.2d 1095, 1097-98 (Tex.Civ.App. — Austin 1940, writ ref'd)); ......
-
Satterwhite v. Stolz
...S.W.2d 22 (Tex.1965); Sewer Constructors, Inc. v. Employers Casualty Co., 388 S.W.2d 20 (Tex.Civ.App.1965); Superior Insurance Co. v. Jenkins, 358 S.W.2d 243 (Tex.Civ.App.1962); Maryland Casualty Co. v. Moritz, 138 S.W.2d 1095 (Tex.Civ.App.1940). See Cook v. Ohio Casualty Ins. Co., 418 S.W.......