Insurance; Litigation: Personal Injury; Healthcare

Hochheim Prairie Casualty Insurance Co. v. Appleby
San Antonio- 1/16/08   04-07-00028-CV
Justice Marion

Liability Coverage Dispute. Ps raised the question whether the insured unintentionally knocked X down, causing her injury.

In 2005, Seffel was diagnosed with dementia and Alzheimer's disease. Appleby was appointed temporary guardian of Seffel's person and estate, and soon thereafter Seffel was placed in an assisted care facility. While in the facility, Seffel twice "knocked down" another resident, X, over a period of three days. X died from her injuries, and her family sued Seffel and Appleby, both individually and as Seffel's guardian. Seffel was an insured under a Farm Liability Policy issued by D-insurer. When D refused to provide coverage, Seffel's estate filed a 3rd party petition seeking a declaration on coverage and indemnity issues. Held: Summary judgment in favor of Appleby was affirmed. The trial court erred by considering extrinsic evidence in determining D's duty to defend. But, giving the estate's allegations against D their most liberal interpretation, the petition alleges facts potentially within the scope of coverage because they raise the question of whether Seffel unintentionally knocked down, causing her injury.

State Bar of Texas Civil Digest
January 30, 2008