Holyfield v. Members Mutual Insurance Co.
Cases that cite this one
30 later published cases cite this decision. The 23 that cite it most often are listed here.
- Carolina Ibarra v. Progressive County Mutual Insurance Company (Tex. App. 2012)
- Conlin v. State Farm Mutual Automobile Insurance Co. (Tex. App. 1992)
- Patricia Anne Conlin v. State Farm Mutual Automobile Insurance Company (Tex. App. 1992)
- Springfield v. Aetna Casualty & Surety Insurance Co. (Tex. App. 1981)
- Robbie Dean Anderson, Sr. v. Texas Farm Bureau Mutual Insurance Company (Tex. App. 2014)
- Texas Farmers Insurance Co. v. McKinnon (Tex. App. 1992)
- Upshaw v. Trinity Companies (Tex. 1992)
- Berry v. Texas Farm Bureau Mutual Insurance Co. (Tex. App. 1989)
- Equitable General Insurance Co. v. Williams (Tex. App. 1981)
- Christ v. Depositors Insurance Company (District Court, E.D. Virginia 2025)
- Carolina Ibarra v. Progressive County Mutual Insurance Company (Tex. App. 2012)
- Vision One v. PHILADELPHIA INDEMNITY INS. (Wash. Ct. App. 2010)
- Vision One, LLC v. Philadelphia Indemnity Insurance (Wash. Ct. App. 2010)
- Armendariz v. Progressive County Mutual Insurance Co. (Tex. App. 2003)
- Old American County Mutual Fire Insurance Co. v. Sanchez (Tex. App. 2002)
- Old American County Mutual Fire Insurance Company/Zeferino Sanchez v. Zeferino Sanchez/Old American County Mutual Fire Insurance Company (Tex. App. 2002)
- Layton v. Mid-Century Insurance Co. of Texas (Tex. App. 2000)
- American Economy Insurance v. Tomlinson (5th Cir. 1994)
- Emmert v. Progressive County Mutual Insurance Co. (Tex. App. 1994)
- Huttleston v. Beacon National Insurance Co. (Tex. App. 1992)
- Moore v. State Farm Mutual Automobile Insurance Co. (Tex. App. 1990)
- Harwell v. State Farm Mutual Automobile Insurance Co. (Tex. App. 1989)
- Beaupre v. Standard Fire Insurance Co. (Tex. App. 1987)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
This suit originated when Holyfield sought to recover Personal Injury Protec *673 tion (PIP) benefits under a policy he had purchased from Members Mutual Insurance Company. The policy covered the two vehicles which were scheduled and a separate premium was paid for the PIP coverage on each vehicle.
The policy basically limited PIP coverage to those injuries sustained while riding either in: 1) an owned and scheduled vehicle; 2) a replacement vehicle as defined by the policy; or 3) an unowned vehicle. Holy-field’s son, who was covered by the policy, was injured while riding a motorcycle which was owned by Holyfield but not scheduled on the policy. Therefore, under the terms of the policy, he was not covered and the insurer denied coverage.
A summary judgment was rendered for the insurer, Members Mutual, on the basis that an accident which occurs on an owned but unscheduled vehicle was excluded by the policy. The court of civil appeals sitting in Dallas affirmed. 566 S.W.2d 28.
Holyfield bases his claim for benefits on the decision of Western Alliance Insurance Co. v. Dennis, 529 S.W.2d 838 (Tex.Civ.App.—Texarkana 1975, no writ). That decision concluded that an exclusion similar to the one in the present case, which limited PIP coverage to only those injuries suffered in owned vehicles that were scheduled on the policy, was an unauthorized limitation on the coverage required by Article 5.06-3 Texas Insurance Code Annotated. We disapprove that decision and its construction of the Texas Insurance Code and its interpretation of Westchester Fire Insurance Co. v. Tucker, 512 S.W.2d 679 (Tex. 1974). We agree with the result reached in the instant case.
The application for writ of error is refused, no reversible error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.