Texas Supreme Court Says Insurer must Pay Family's Truck Accident Injury Claim
The family of a little boy, who was seriously injured in a truck accident involving a driver fleeing from the police, won their fight with Nationwide Mutual Fire Insurance Company.
Last week, the Texas Supreme Court ruled that the insurer must pay the family's claim. Greg and Mirabel Tanner filed a lawsuit against Nationwide after their child was seriously injured in a truck accident as the driver fled from police. The truck accident left all 4 members of the Tanner family with injuries, but 7-year-old Roney sustained severe head, shoulder, and arm injuries. He remained in a coma-like state for many days.
His parents sued the truck driver, Richard Gibbons, and hoped his policy would cover the cost of Roney’s medical expenses. Nationwide, however, refused to pay out, claiming Gibbons violated the terms of his insurance policy when he led police on a high speed chase. 
At the time of the accident, he was traveling at 100 mph. An earlier jury ruled in the favor of the family, but the verdict was overturned by a judge and an appeals court.
At the core of the insurance dispute, was whether Gibbons' actions in fleeing from the police constituted an “intentional act”. An "intentional act" clause voids the policy, if the policy holder is found to have intentionally indulged in reckless behavior, causing an accident. Fortunately for the Tanners, Gibbons purchased his policy in Ohio, which has a much broader definition of "intentional act" than Texas, where the accident occurred.
In another fortunately turn of events for the Tanners, the Supreme Court sided with them. According to the ruling, Nationwide was unable to prove that Gibbons believed his reckless behavior was “substantially certain to cause Injury.”
Insurance Disputes
An insurance company can often make use of technicalities to avoid paying out policies. For many of these companies, the priority is to pay out as little as possible or delay a claim for as long as possible. That is why having an experienced insurance attorney on your side can mean the difference between losing out on what is rightfully yours and receiving the payout you deserve.
If an insurance company is holding out on payments that are rightfully yours, an insurance attorney can help you collect the money you deserve.
Contact an insurance attorney, at Arnold & Itkin LLP for a free evaluation of your case.
