McKay v. State Farm Mutual Automobile Insurance Co.
United States District Court for the Southern District of Texas
933 F. Supp. 635 (1995)
Facts
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
Issue
Holding and Reasoning (Harmon, J.)
What to do next…
Here's why 711,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
