SAFEWAY MANAGING GENERAL AGENCY v. COOPER

No. 07-96-0333-CV.

952 S.W.2d 861 (1997)

SAFEWAY MANAGING GENERAL AGENCY FOR STATE AND COUNTY MUTUAL FIRE INSURANCE COMPANY, Appellant, v. Donna Michelle COOPER, Maria Tello and Jose Tello, Appellees.

Court of Appeals of Texas, Amarillo.

Opinion Overruling Rehearing October 1, 1997.


Attorney(s) appearing for the Case

Robert L. Grover & Associates, Robert L. Grover, Houston, for appellant.

Law Office of Woodrow W. Miller, Woodrow W. Miller, Houston, for Donna Michelle Cooper, Walter M. Fortenberry & Associates, Walter M. Fortenberry, Humble, for Tellos.

Before BOYD, C.J., and DODSON and QUINN, JJ.


BOYD, Chief Justice.

In this appeal from a declaratory judgment, we are asked to review a trial court declaration that a named driver exclusion in a contract for automobile insurance was ineffective to deny coverage under the policy. We are also asked to determine the propriety of the inclusion of a third party claimant in the declaratory judgment. For reasons we later discuss, we reverse and remand the judgment of the trial court, with the exception of that portion...

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