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SAFECO LLOYDS INSURANCE COMPANY v. ALLSTATE INSURANCE COMPANY

SAFECO Lloyds Insurance Company v. Allstate Insurance Company

SAFECO LLOYDS INSURANCE COMPANY, Appellant,
c.
Allstate Insurance Company, respondent.

No. 04-09-00322-CV.

Court of Appeals of Texas, Fourth District in San Antonio.

Delivered and Filed: December 23, 2009.

Sitting: Catherine STONE, Chief Justice, Karen Angelini, Justice Marialyn Barnard, Justice.

OPINION

Opinion by: MARIALYN Barnard, Justice.

This is an appeal from an order of a trial court a motion for summary decision filed by Allstate Insurance Company, and dismissing the complaint filed by rival Safeco Lloyds Insurance Company. The motions concerned the interpretation of motor insurance policies for each carrier. Safeco appeals claiming the trial court erred in granting the motion of Allstate and the denial of his motion. We reverse and remand.

Background accidents underlying

On July 8, 2009, Natalia Ramos was driving a 1994 Mazda pickup truck belonging to his brother, Gerardo Rivera, when she was involved in an accident with a vehicle driven by Carlos Luna. Luna made a claim for property damage and personal injuries. Mazda has been assured by a policy issued by Safeco to Pedro Rivera, the father of Natalia and Gerardo. Ramos has an Allstate insurance policy for his personal vehicle, which was not the vehicle she was driving at the time of the accident.After the accident, Safeco made numerous requests to Allstate, requesting that Allstate provide liability insurance on a pro rata basis. Allstate has refused, arguing its policy provided liability coverage in excess of its insured is driving a vehicle not listed on the policy of Allstate, as in this case. In other words, Allstate claimed "the insurance follows the vehicle not the driver.

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