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McDONALD v. SOUTHERN COUNTY MUT. INS. CO.

No. 01-03-00646-CV.

176 S.W.3d 464 (2004)

Edward Lee McDONALD and Bobby J. Robinson, Appellants, v. SOUTHERN COUNTY MUTUAL INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, First District, Houston.

November 24, 2004.

Attorney(s) appearing for the Case

Charles L. Levy, Waco, Craig Muessig, Law Office of Craig Muessig, Baytown, Marc G. Rosenthal, Austin, for Appellant.

Jack McKinley, Robert L. Ramey, Ramey, Chandler, McKinney & Zito, P.C., Houston, for Appellee.

Panel consists of Justices TAFT, JENNINGS, and BLAND.

OPINION

JANE BLAND, Justice.

In an insurance coverage bench trial arising from an auto-pedestrian accident, the trial court rendered a judgment in favor of appellee, Southern County Mutual Insurance Co. (Southern County), denying coverage. We hold that (1) appellants, Edward Lee McDonald and Bobby J. Robinson, were not "occupying" a motor vehicle at the time of their injuries and therefore did not qualify as insureds under the insurance policy at issue;...

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