An Update from Our Firm about COVID-19

Abraham, Watkins, Nichols, Sorrels, Agosto, Aziz & Stogner remains fully operational and committed to serving our clients and colleagues throughout the Coronavirus (COVID-19) crisis. As we follow the CDC guidelines and practice social distancing, we remain available for phone consultations and remote meetings with both current and prospective clients and colleagues. Please contact our office by email or by calling 713-222-7211 with any questions. We look forward to hearing from you.

Supreme Court Sides with Insurance Carrier against Bus Company

A bus driver transporting school band members from Alice on a field trip to Six Flags Fiesta in San Antonio was persistently coughing. It was determined that he had tuberculosis. Subsequently, several of the students were diagnosed with tuberculosis. They then brought a suit against the bus company.

Lancer Insurance had issued a business auto policy covering the bus company. Under the policy, it had the duty to provide a lawyer to defend the bus company if the company was sued, and then to pay a judgment up to policy limits, for covered claims. The insurance company refused to defend the bus company, saying that the claim was not covered. Thereafter, a substantial judgment was entered in favor of the students against the company.

The Supreme Court agreed with the insurance company, in the opinion entitled Lancer Insurance Company v. Garcia Holiday Tours, ___ S.W.3d ___ (Tex. 2011). The Court ruled that the term in the policy providing coverage for injuries "resulting from" the use of the vehicle did not include this situation, even though the students breathed air inside the bus where the driver had been coughing. Thus, the bus company was left with no insurance, and the students could only recover their damages from the sale of any assets of the company that a sheriff could seize.

No Comments

Leave a comment
Comment Information
  • $50+ Million Personal Injury Fire and Explosion

    The firm successfully represented nearly 100 victims who suffered personal injuries and damages to property from a large fire and explosion resulting in a settlement of more than $50 million. The firm served as lead lawyers on the steering committee in this litigation.

  • $80 Million Personal Injury Large Plant Explosion

    The firm successfully represented 270 plaintiffs, taking a lead role in the plaintiffs’ steering committee, who suffered injuries in a large plant explosion resulting in a settlement of nearly $80 million.

  • $50+ Million Personal Injury Plant Fire and Explosion

    The firm successfully represented 45 personal injury victims in a plant fire and explosion, serving on the plaintiffs steering committee, concluding with a settlement of more than $50 million.

  • $22+ Million Personal Injury Work Site Accident

    The firm prevailed in a personal injury trial for a worksite injury client with the jury returning a verdict and resulting in a judgment of over $22 million for the firm’s client.

  • $12 Million Auto Accident 18-Wheeler Collision

    The firm successfully achieved a $12 million settlement for the family of a man who died in an 18 wheeler collision.

  • $30 Million Personal Injury Burn Victims

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $30 million.

Our Record Of Success

When you are hurt and you choose a law firm to represent you in court or at the negotiation table, you need to carefully consider the firm's record.

Read More Success Stories

Let Us Help You Request a Free Consultation Today

Get Help Now

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Back to top