PROVIDENT LIFE AND ACC. INS. CO. v. KNOTT

No. 02-0485.

128 S.W.3d 211 (2003)

PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY v. James KNOTT, M.D.

Supreme Court of Texas.

Decided December 19, 2003.

Rehearing Denied February 13, 2004.


Attorney(s) appearing for the Case

Mark Alexander, McAllen, for Estate of Ellis Garlan Gatlin.

Patrick C. Frank, Fiedler Akin Frank & Carlton, P.C., Plano, for Debra Lucille Townley.

Mark T. Davenport, Andrew C. Whitaker, Figari Davenport & Graves, LLP, Dallas, for petitioner.

Ben C. Martin, Law Office of Ben C. Martin, Dallas, for respondent.


Justice WAINWRIGHT delivered the opinion of the Court.

In this insurance coverage dispute, we construe the definition of total disability found in two insurance policies. Interpreting the policies as they are written, we hold that an insured is totally disabled when he is unable to perform all of the important and usual duties of his occupation. Because the insured in this case was able to perform some of the important and usual duties of his occupation as a physician...

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