Dallas and Fort Worth area insurance lawyers need to read this November, 2017, opinion from the San Antonio Court of Appeals. It is styled, Farmers Texas County Mutual Insurance Company v. Zuniga.
Zuniga was walking to school and struck by a car driven by Christopher Medina. Zuniga sued Medina for negligence and gross negligence. A jury awarded Zuniga $93,244.91 in actual damages and $75,000.00 in punitive damages. Farmers insured Medina and paid the actual damages but then filed a declaratory judgment action seeking a declaration that the policy did not cover punitive damages.
Zuniga filed a motion for summary judgment on the punitive damages issue. Farmers prevailed in this case.