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ELEPHANT INS. COMPANY, LLC v. KENYON

No. 20-0366.

644 S.W.3d 137 (2022)

ELEPHANT INSURANCE COMPANY, LLC, Petitioner, v. Lorraine KENYON, Individually and as Executrix of the Estate of Theodore Kenyon, Respondent.

Supreme Court of Texas.

OPINION DELIVERED: April 22, 2022.

Attorney(s) appearing for the Case

J. Mitchell Smith , Beaumont, for Amicus Curiae Texas Association of Defense Counsel (TADC).

Levon G. Hovnatanian , Austin, for Amicus Curiae American Property Casualty Insurance Association.

William M. Orbelo , for Petitioner Pizana, Kimberly.

Nissa M. Dunn , Roger Higgins , Michael W. Eady , Austin, Richard William Espey , Elizabeth Z. Brabb , Graham Baker , San Antonio, for Petitioner Elephant Insurance Company, LLC.

Daniel J.T. Sciano , Ryan G. Anderson , San Antonio, Grant T. McFarland , Jason Thompson , for Respondent.

After an insured motorist was involved in a single-car accident, the motorist's spouse arrived at the accident scene and began taking photos. While the spouse was on the side of the road engaging in that activity, he was struck by another vehicle and killed. The motorist alleges her automobile insurer...

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