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STATE FARM MUT. AUTO. INS. CO. v. WHITEHEAD

No. 97-0998.

988 S.W.2d 744 (1999)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. Gerald WHITEHEAD, Rose Whitehead, Starlette Whitehead and Lesa Taylor-Shivers, Respondents.

Supreme Court of Texas.

March 11, 1999.

Attorney(s) appearing for the Case

Scott P. Stolley, Dallas, Gregory D. Smith, Paul Howard Gilliam, Tyler, for Petitioner.

James A. Holmes, Henderson, for Respondents.

PER CURIAM.

In this case we consider whether an uninsured motorist policy provision covers damages sustained by the insured's survivors when a passenger in another vehicle shot and killed the insured while he was driving his vehicle. After a bench trial, the trial court held that the policy provided uninsured motorist benefits. The court of appeals affirmed.1 We reverse and render judgment that the plaintiffs take nothing.

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