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McKIDDY v. TRINITY LLOYD'S INS. CO.

No. 05-03-00908-CV.

155 S.W.3d 307 (2004)

Jeffrey Todd McKIDDY, Appellant, v. TRINITY LLOYD'S INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Dallas.

April 1, 2004.

Attorney(s) appearing for the Case

Gergory C. McCarthy, Josh P. Norrell, Miller & McCarthy, P.C., Dallas, TX, for Appellant.

Carlos A. Balido, Touchstone Bernays Johnston Beall & Smith, L.L.P., Dallas, TX, for Appellee.

Before Justices JAMES, WRIGHT, and BRIDGES.

OPINION

Opinion by Justice JAMES.

Jeffrey Todd McKiddy appeals the trial court's granting of summary judgment in favor of Trinity Lloyd's Insurance Company. The court found McKiddy was not "occupying" the vehicle covered by Trinity's insurance policy; McKiddy, therefore, was not entitled to coverage under Trinity's policy. McKiddy contends the court erred because: (1) McKiddy was in physical contact with the covered vehicle, thus being "upon" the vehicle...

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