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Byrd v. United Servs. Auto. Ass'n

An automobile insurance policy that covered theft did not exclude loss due to conversion, an issue that precluded summary judgment.

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Barry C. Byrd filed suit against United Services Automobile Association USAA, alleging breach of contract and bad faith in connection with USAA’s decision to deny his insurance claim for the purported theft loss of a vehicle belonging to him and insured by USAA. Byrd filed a motion for partial summary judgment, which the trial court did not expressly rule on; and USAA filed a cross-motion for summary judgment, which the trial court granted. Byrd appeals from the grant of the cross-motion for summary judgment. Because there exists evidence from which a jury could find that the loss was covered by the theft provisions of the policy, we reverse.

Summary judgment is proper when there is no genuine issue of material fact remaining for jury resolution and the movant is entitled to judgment as a matter of law. We apply a de novo standard of review to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.1

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