Court Rules Insurer Not Liable in Motor Vehicle Coverage Dispute
One driver purchased automobile insurance. The driver was involved in a motor vehicle accident while driving a vehicle not listed on his insurance policy. The insurer requested an Examination Under Oath to investigate ownership issues. The driver refused to answer questions, asserting his Fifth Amendment privilege. The insurer claimed the driver failed to cooperate, which prejudiced their ability to complete their coverage investigation. The insurer filed a petition for declaratory judgment seeking declarations that the policy did not provide coverage and the insurer had no duty to defend or indemnify the driver. The court ruled in favor of the insurer, granting the declaratory relief sought.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Verdict-Defense
- Amount
- Undisclosed
- County
- Harris County, TX
- Resolved
- 2018
Injury & Accident Details
- Injury Type
- Other
- Accident Type
- Other
- Case Type
- Motor Vehicle Negligence
Case Overview
An individual involved in a motor vehicle accident in December 2015 was driving a car not listed on their insurance policy. The insurer requested an Examination Under Oath to investigate ownership of the vehicle. Although the policyholder appeared for the examination, they refused to answer questions, asserting their Fifth Amendment privilege.
The insurer subsequently filed a petition for declaratory judgment, arguing the policyholder failed to cooperate, which prejudiced their investigation, and that the vehicle was not covered under the existing policy. The plaintiff sought declarations of no coverage for the December 2015 accident, no duty to defend or indemnify the defendant, and attorney's fees. The defendant filed a general denial, challenging the insurer's allegations.
Following a bench trial in January 2018, the court ruled in favor of the insurer. The court determined that the policy did not provide liability coverage for the vehicle involved in the accident and that the insurer had no duty to defend or indemnify the defendant in a related lawsuit. However, the court denied the insurer's request for attorney's fees. A final judgment was entered in April 2018.
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