McKay v. State Farm Mutual Automobile Insurance Co.
United States District Court for the Southern District of Texas
933 F. Supp. 635 (1995)
State Farm Mutual Automobile Insurance Company (State Farm) (defendant) insured Gillian McKay (plaintiff) under a policy that included comprehensive coverage. McKay did not purchase collision insurance, which State Farm’s standard policy defined in part as damage caused by collision with another vehicle or object, except for collisions involving birds or other animals. One night a drunk man ran onto a freeway, where he collided with and damaged McKay’s vehicle. State Farm refused to honor McKay’s damage claim. McKay sued State Farm for breach of contract, contending that her damages arose from (1) collision with the drunk man, who was not an object, but an animal; and (2) the drunk man’s reckless and negligent behavior, which constituted malicious mischief within the scope of McKay’s comprehensive coverage. State Farm moved for summary judgment.
Rule of Law
Holding and Reasoning (Harmon, J.)
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