Safeco Lloyds Insurance Company v. Allstate Insurance Company--Appeal from 45th Judicial District Court of Bexar County

State: Texas

Court: Texas Northern District Court

Docket No: 04-09-00322-CV

Case Date: 12/23/2009

Plaintiff: Safeco Lloyds Insurance Company

Defendant: Allstate Insurance Company--Appeal from 45th Judicial District Court of Bexar County

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OPINION
No. 04-09-00322-CV SAFECO LLOYDS INSURANCE COMPANY, Appellant v. ALLSTATE INSURANCE COMPANY, Appellee From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2008-CI-13041 Honorable Barbara Hanson Nellermoe, Judge Presiding Opinion by: Sitting: Marialyn Barnard, Justice Catherine Stone, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice

Delivered and Filed: December 23, 2009 REVERSED AND REMANDED This is an appeal from a trial court's order granting a motion for summary judgment filed by Allstate Insurance Company, and denying a competing motion filed by Safeco Lloyds Insurance Company. The motions concerned the interpretation of automobile insurance policies of each carrier. Safeco appeals claiming the trial court erred in granting Allstate's motion and denying its motion. We reverse and remand.

04-09-00322-CV

BACKGROUND The Underlying Accident On July 8, 2009, Natalia Ramos was driving a 1994 Mazda pickup truck owned by her brother, Gerardo Rivera, when she was involved in an accident with a vehicle driven by Carlos Luna. Luna made a claim for property damage and personal injuries. The Mazda was insured under a policy issued by Safeco to Pedro Rivera, the father of Natalia and Gerardo. Ramos had an Allstate insurance policy for her personal vehicle, which was not the vehicle she was driving at the time of the accident. After the accident, Safeco made numerous demands upon Allstate, requesting that Allstate provide liability coverage on a pro rata basis. Allstate refused, contending its policy provided only excess liability coverage when its insured is driving a vehicle not listed on the Allstate policy, as in this case. In other words, Allstate claimed "the insurance follows the vehicle, not the driver." The Insurance Policies As noted, Safeco insured Gerardo Rivera's vehicle by way of a policy owned by Pedro Rivera ("the Safeco policy"). The Safeco policy provides liability coverage as follows: PART A

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