DAIRYLAND COUNTY MUT. INS. CO. v. CASBURG

No. 09-01-231 CV.

63 S.W.3d 590 (2001)

DAIRYLAND COUNTY MUTUAL INSURANCE COMPANY OF TEXAS, Appellant, v. Val CASBURG, Individually and As Personal Representative of The Estate of Charles Casburg, Deceased, and on Behalf of All Others Similarly Situated, Appellee.

Court of Appeals of Texas, Beaumont.

Decided December 20, 2001.


Attorney(s) appearing for the Case

Marc A. Sheiness, Sheiness, Scott Grossman & Cohn, L.L.P., Houston, Robert F. Johnson, Cook & Franke, S.C., Wilwaukee, WI, for appellant.

James A. Holmes, Wellborn, Houston, Adkison, Mann, Sadler & Hill, LLP, Henderson, Ethan L. Shaw, Moore Landry, LLP, Beaumont, for appellee.

Before WALKER, C.J., BURGESS and GAULTNEY, JJ.


OPINION

RONALD L. WALKER, Chief Justice.

Charles Casburg obtained a motor vehicle insurance policy from Dairyland County Mutual Insurance Company of Texas. When he applied for the policy, Charles Casburg signed a rejection box, which stated, "I reject UM/UIM B.I. and P.D. coverage in its entirety." Mr. Casburg perished in a motor vehicle accident during a renewal term of the policy. Acting individually and in her capacity as personal representative of her...

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