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Elephant Insurance Co. v. Kenyon

Court: Tx Sup  04/22/2022  Supreme Court Reverses and Renders in Favor of Insurer Finding It Had No Duty to Its Insured Under the Circumstances of the Case

The Court held that the insurer had no liability arising out of the death of its insured who had been struck and killed by a vehicle while taking photographs of an insured auto damaged in an earlier accident, even if an employee of the insurer had asked the insured to take the photos because the insured was in a better position than the insurer's call-center employee to assess the danger of taking the photographs while standing next to a highway, which was an open and obvious condition, and further because the contact between the insured and the call-center employee did not establish the elements of a negligent undertaking.

auto insurance, duty of good faith, negligence, duty, open and obvious, negligent undertaking, special relationship,

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