Quimbee logo
DMCA.com Protection Status

USAA County Mutual Insurance Company v. Cook

241 S.W.3d 93 (2007)

Case BriefRelatedOptions
From our private database of 26,900+ case briefs...

USAA County Mutual Insurance Company v. Cook

Texas Court of Appeals

241 S.W.3d 93 (2007)

Facts

Hayden Cook (plaintiff) parked his Volkswagen Jetta in a closely confined parking lot at a restaurant. Cook parallel parked immediately behind a large SUV—about two feet from its bumper. Another car was parked directly in front of the SUV. When Cook returned, the SUV was gone and the Jetta had been pushed back about 15 feet, its parking brake still set. The front grill was damaged, the hood bent up, and a black mark on the top of the bumper indicated a taller vehicle had backed into it. Cook had auto insurance with USAA County Mutual Insurance Company (defendant), but he had dropped collision coverage and kept only liability and comprehensive coverage for other types of losses. The policy specifically covered losses from vandalism as non-collision losses. Cook filed an insurance claim, asserting vandalism had caused the damage. USAA denied coverage, arguing a collision had caused the damage. Cook sued and testified that an SUV had indeed collided with his car, but in a willful, intentional way more like vandalism than an accidental collision, as the Jetta had been pushed 15 feet. The jury found USAA had breached the insurance policy, and the court entered judgment against USAA for the damage to the car. USAA appealed, arguing the court erred in denying a directed verdict or judgment notwithstanding the verdict because the policy did not cover collision losses.

Rule of Law

Issue

Holding and Reasoning (Jennings, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 540,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 540,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 26,900 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 540,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 26,900 briefs - keyed to 983 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership