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Texas Farm Bureau Mutual Insurance Co. v. Sturrock

The incident causing the insureds injury, which occurred when his foot became entangled while exiting his pickup, was a "motor vehicle accident" within the meaning of his automobile policy.

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OPINION

Jeff A. Sturrock made a claim for personal injury protection (“PIP”) benefits for an injury incurred as he exited his pick-up truck. This litigation ensued after his insurer, Texas Farm Bureau Mutual Insurance Company, denied the claim. The trial court found that Sturrock’s injuries resulted from a “motor vehicle accident” within the meaning of the insurance policy. After severing Sturrock’s bad faith cause of action into a separate suit, the trial court entered judgment for $2,555 plus attorney fees on Sturrock’s breach of contract claim. Texas Farm Bureau raises the following issues in its appeal:

Issue one: Sturrock’s insurance policy entitles him to personal injury protection coverage only for injuries resulting from a “motor vehicle accident.” Sturrock was injured when his foot became entangled when he got out of his pickup. No other vehicle, person, or object was involved. His pickup was stopped and turned off, and no portion of Sturrock’s body impacted any portion of the pickup. Using the plain, ordinary meaning of “motor vehicle accident,” was Sturrock involved in a motor vehicle accident?

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