EMPLOYERS MUT. CAS. CO. v. BONILLA

No. 09-10476.

613 F.3d 512 (2010)

EMPLOYERS MUTUAL CASUALTY COMPANY; Emcasco Insurance Company, Plaintiffs-Appellees, v. Juan Miguel BONILLA, also known as Mike; Isabel Molina, Individually, and as next friend of J.Y.L.M., a minor, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 29, 2010.


Attorney(s) appearing for the Case

Aaron Linzy Mitchell (argued), Stephen Andrew Melendi, Tollefson, Bradley, Ball & Mitchell, L.L.P., Dallas, TX, for Plaintiffs-Appellees.

Michael Forest Nelson (argued), Leonard Howard Plog, II, Burt Barr & Associates, L.L.P., Dallas, TX, for Bonilla.

Charles Martin Noteboom, Joseph Mark Sudderth (argued), Noteboom Law Firm, Hurst, TX, for Molina.

Before DAVIS, WIENER, and SOUTHWICK, Circuit Judges.


LESLIE H. SOUTHWICK, Circuit Judge:

This is an insurance coverage dispute. It arose after a state court judgment established liability for a serious accident. The district court granted a Motion for Summary Judgment in favor of the insurance companies, finding there to be no coverage. We hold that the district court erred in denying coverage based on the argument that the injury did not arise from "use" of the vehicle. Another exclusion under the relevant policies...

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