Opinion

American Liberty Insurance Company v. Ranzau

  • 15 Tex. Sup. Ct. J. 357
  • 481 S.W.2d 793
  • 1972 Tex. LEXIS 250
Court
Texas Supreme Court
Filed
Jun 7, 1972
Status
Published
Author
Walker
On the bench
Greenhill, McGEE, Reavley, Steakley, Walker
Cited by
81 cases

striking down an “other insurance” clause that prevented insured from seeking UIM benefits when other insurance was available

How later courts described this case

  • striking down an “other insurance” clause that prevented insured from seeking UIM benefits when other insurance was available
  • rejecting similar “two premium” argument for failure of proof
  • "the Board may not act contrary to but only consistent with, and in furtherance of, the express statutory purposes."
  • "other insurance" clauses may not be used to limit uninsured-motorist liability in contravention of article 5.06-1

Written by the judges who cited it.

The opinion

WALKER, Justice

(dissenting).

Unlike the statutes of other jurisdictions, Art. 5.06-1, V.A.T.S. Insurance Code, provides for uninsured motorist coverage in stated limits “under provisions prescribed by the Board.” In view of this stipulation, it is my opinion that the “other insurance” provisions of the policy, which are entirely reasonable and consistent with the purpose of the statute, are valid and effective. I would hold that respondents are entitled to no recovery against petitioner under the facts of this case.

GREENHILL, REAVELY and McGEE, JJ., join in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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