skip to Main Content

Kenyon v. Elephant Insurance Co.

Court: Tx 4-San Antonio  04/01/2020  Divided En Banc Court Imposes New Post-Accident Duty on Auto Insurers

In a case of first impression, the court reversed a summary judgment for an auto insurer finding that it had a duty to exercise reasonable care when it instructed its insured to take pictures of her damaged vehicle following an auto accident because of the special relationship between an insurer and its insured and the insurer's knowledge of the risk of harm posed to its insureds when taking pictures at the scene.

automobile insurance policy, duty, negligence, legal duty, burden of proof, misrepresentation, special relationship, insurance code, public policy, DTPA, negligent undertaking, post-accident, negligent training, social utility, superior knowledge

Reviewing the Case Document is for members only. Please login

Back To Top

Forgot Password?

Join Us