Second Court of Appeals | Case Summaries

Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of October 29, 2007

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions can be accessed by clicking the cause number then clicking View HTML Version of Opinion.

Gomez v. Allstate, No. 02-06-00233-CV (Nov. 1, 2007) (Gardner, J., joined by Holman and Walker, JJ.).: Held: The trial court was correct that a homeowner's insurance policy excluded coverage for the use of recreational vehicles when such vehicles were off the insured's premises. The policy states, "[Personal Liability coverage does not apply to] bodily injury . . . arising out of the . . . ownership, maintenance, operation, use, loading or unloading of . . . motor or engine propelled vehicles . . . ; [however], this exclusion does not apply to . . . [recreational vehicles] . . . owned by an insured while on the residence premises." [Emphasis added.] However, the trial court erred by granting summary judgment because the underlying petition states a potentially covered claim for which the insurer owed a duty to defend.
In re Kiberu, No. 02-07-00312-CV (Nov. 1, 2007) (McCoy, J., joined by Holman and Gardner, JJ.).: Held: The definition of "health care liability claim” does not include potential causes of action. Therefore, a petitioner can take a rule 202 presuit deposition pertaining to a potential health care liability claim without first serving the preliminary expert report and curriculum vitae that section 74.351 of the civil practice and remedies code requires to be served in a health care liability claim.