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Horrific Wreck Being Disputed - Texas Supreme Court to Decide

By Beth Janicek

The Austin American Statesman reported that while Richard Gibbons was fleeing San Marcos police, he smashed into Greg and Maribel Tanner's car which left 7-year-old Roney Tanner comatose for a week, in the hospital for a month, and years of physical therapy.

Nationwide Insurance the company that insured Gibbons would not pay the Tanner family. Gibbons’ policy was for $300,000.00 which the Tanners hoped would pay their son’s medical bills.

The insurance policy included a standard intentional acts exclusion which voids coverage if the driver deliberately caused an accident. Nationwide further states that Gibbons violated his contract stating that fleeing the police was intentional and that it was foreseeable to end in a wreck. The Tanners’ attorney argues that due to Gibbons braking prior to hitting the Tanners, the impact was not intentional. The case is now before the Texas Supreme Court and should issue a decision next year. Two courts have already sided with the Columbus, Ohio based Nationwide Insurance.

The Texas Supreme Court has routinely sided with the insurance company and the Austin American Statesman editorializes that the Texas Supreme Court "rules for insurance companies and other corporations an overwhelming percentage of the time." It "has embarrassed Texas with its demonstrable tilt toward insurers and other corporate defendants" and "gone out of its way to protect businesses from lawsuits to a degree that even the Texas Legislature and the defense bar can't stomach. That's why the court's decision in the Tanners' suit against Nationwide will be closely observed."

The comments following the Statesman editorial are particularly interesting and point out that voters should watch this case closely to see if the Supreme Court will continue its ways or find a case where perhaps the insurance company should be held accountable.

Originally posted at InjuryBoard by Beth Janicek

Full post as published by San Antonio Personal Injury Lawyer on December 02, 2008 (boomark / email).