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NATINAL COUNTY MUT. v. JOHNSON

No. 3-90-212-CV.

829 S.W.2d 322 (1992)

NATIONAL COUNTY MUTUAL FIRE INSURANCE COMPANY and Consumers County Mutual Insurance Company, Appellants, v. Randall JOHNSON, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled May 27, 1992.

Attorney(s) appearing for the Case

James Ludlum, Jr., Austin, for appellants.

Tom Davis, Austin, for appellee.

Before POWERS, JONES and SMITH, JJ.

SMITH, Justice.

Does a family-member exclusion in an automobile insurance policy contravene the public policy set forth in the Texas Safety Responsibility Act,1 which requires liability insurance coverage for all damages that may arise out of the operation of a motor vehicle? In a declaratory action suit, the trial court answered "yes." We agree and will affirm the trial court's judgment.

THE CONTROVERSY

In 1988, Randall...

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