TEXAS FARMERS INS. CO. v. DEVILLE

No. 01-96-01399-CV.

988 S.W.2d 331 (1999)

TEXAS FARMERS INSURANCE COMPANY, Appellant, v. Roxana DEVILLE, Individually and as Next Friend of Christopher A. Schwerdtfeger, II, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

February 18, 1999.


Attorney(s) appearing for the Case

Wayne Adams, Diane M. Guariglia, Houston, for Appellant.

Richard Schechter, Houston, for Appellee.

Panel consists of Justices COHEN, O'CONNOR, and WILSON.


OPINION

DAVIE L. WILSON, Justice.

The issue in this appeal is the proper construction of the "actual physical contact" rule in an uninsured motorist insurance policy provision. Appellant Texas Farmers Insurance Company appeals a summary judgment rendered against it. We reverse and render a take-nothing judgment.

Facts

The parties stipulated to the following in the trial court: (1) On May 21, 1993, Roxana Deville and Christopher A. Schwerdtfeger...

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