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OLD AMERICAN CTY. MUT. FIRE INS. CO. v. SANCHEZ

No. 02-0843.

149 S.W.3d 111 (2004)

OLD AMERICAN COUNTY MUTUAL FIRE INSURANCE COMPANY, Petitioner, v. Zeferino SANCHEZ, Respondent.

Supreme Court of Texas.

Decided October 22, 2004.

Attorney(s) appearing for the Case

Robert Harrison Pemberton, Shannon H. Ratliff, Ratliff Law Firm, P.L.L.C., James J. Scheske, Christopher Harris Taylor, Akin Gump Strauss Hauer & Feld LLP, Austin, Barry A. Chasnoff, Akin Gump Strauss Hauer & Feld LLP, San Antonio, for petitioner.

Glynn C. Turquand, Walters & Turquand, Charles C. Sanders, Austin, for respondent.

Chief Justice JEFFERSON delivered the opinion of the Court.

Articles 5.06-1(1) and 5.06-3(a) of the Texas Insurance Code ("the Code") provide that "any insured named in the policy" may reject Uninsured Motorist ("UM") and Personal Injury Protection ("PIP") coverages. The question here is whether the insured spouse of the person listed as the "named insured" in the declarations page of a policy may reject those coverages. The court of appeals held that the spouse could...

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