LANCER INS. CO. v. GARCIA HOLIDAY TOURS

No. 10-0096.

345 S.W.3d 50 (2011)

LANCER INSURANCE COMPANY, Petitioner, v. GARCIA HOLIDAY TOURS, et al., Respondents.

Supreme Court of Texas.

Delivered July 1, 2011.


Attorney(s) appearing for the Case

E. Thomas Bishop , Alexander N. Beard , Bishop & Hummert, P.C., Dallas TX, Barham Lewis , Carolyn Ann Russell , Ogletree Deakins Nash Smoak & Stewart PC, Houston TX, for Petitioner.

Jason P. Hoelscher , Sico White Hoelscher & Braugh LLP, Corpus Christi TX, William David George , Connelly Baker Wotring LLP, Houston TX, Earnest W. Wotring , Craig M. Sico , Sico White Hoelscher & Braugh LLP, Corpus Christi TX, David D. Towler , Law Office of David D. Towler, San Diego TX, Joseph E. Ritch , Wigington Rumley Dunn LLP, Stephen Jeffrey Chapman , Chapman Law Firm, Corpus Christi TX, for Respondents.


Justice MEDINA delivered the opinion of the Court.

The question in this appeal is whether the transmission of a communicable disease from the driver of a motor vehicle to a passenger is a covered loss under a business auto policy, which affords coverage for accidental bodily injuries resulting from the vehicle's use. The issue is one of first impression in this state and perhaps the country. The parties advise that they have found no similar reported cases.

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