NATIONWIDE INS. CO. v. ELCHEHIMI

No. 06-0106.

249 S.W.3d 430 (2008)

NATIONWIDE INSURANCE COMPANY, Petitioner, v. Mohamad ELCHEHIMI, Individually and as Parent and Next Friend of Khaled Elchehimi and Lukman Elchehimi, Minors, Respondent.

Supreme Court of Texas.

March 28, 2008.


Attorney(s) appearing for the Case

Gregory R. Ave, Walters, Balido & Crain, L.L.P., Dallas TX, for Petitioner.

Garry Philip Cantrell, Cantrell Law Firm, Carrollton, TX, for Respondent.

Levon G. Hovnatanian, Christopher W. Martin, Martin Disiere Jefferson & Wisdom, Houston, TX, for Amicus Curiae.

Justice WAINWRIGHT delivered the opinion of the Court, joined by Chief Justice JEFFERSON, Justice HECHT, Justice BRISTER, Justice GREEN, Justice JOHNSON, and Justice WILLETT.


This breach of contract suit stems from the denial of coverage by Nationwide Insurance Company on a claim arising from a collision between insured Mohamad Elchehimi's vehicle and an axle-wheel assembly separated from an unidentified semi-trailer truck. The court of appeals reversed the trial court's grant of summary judgment in favor of Nationwide. Because there was no actual physical contact between Elchehimi's vehicle and the unidentified truck as required by statute to...

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