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Hill v. Allstate Fire and Casualty Insurance Co.

Court: Tx 14-Houston  07/26/2022  Divided Court Holds that "Occupying" a Covered Auto May Include Standing Beside It and Simultaneously Touching It

The court reversed and remanded a summary judgment for an auto insurer finding that the claimant had raised a genuine issue of material fact regarding whether she and her minor son were "occupying" a covered auto at the time of the accident even though they had gotten out of the vehicle after it ran out of gas because in the moments prior to the accident she had her body pressed up against the car as she filled the gas tank using a gas can and her son had his hand on the door handle.

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