Family wins suit against insurer

A driver who led police on a high-speed chase in 1999, smashing into a family car and badly injuring a young boy near San Marcos, did not void his insurance policy by acting in a dangerous manner, the Texas Supreme Court ruled Friday.

Nationwide Insurance had claimed that it did not have to pay the accident victims because its customer, Richard Gibbons, violated the policy by engaging in a reckless and prolonged chase all but guaranteeed to end in a horrific accident.

In an 8-1 decision, the Supreme Court correctly ruled that Gibbons would have voided his policy only if he intentionally hit the car.  The evidence showed he tried to avoid the collision which left a 7-year-old boy comatose for a week, in the hospital for a month, and in physical therapy for five years.

Justice Willett, writing for the majority, pointed out that Nationwide’s position would jeopardize insurance coverage for common accidents, such as when a driver intentionally runs a red light or speeds to save time.

If you’ve been injured in a car accident in Texas, please call our office at (512) 343-2572.

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While most of our clients hail from Austin, Round Rock, Cedar Park, Georgetown, and Pflugerville in Travis and Williamson Counties, we have also worked with clients in Dallas, Houston, and San Antonio. Other clients have come from Lakeway, Jollyville, Anderson Mill, Kyle, and Leander. If your accident was in Texas, we can help you. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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