· 3/27/2009
Progressive County Mutual Insurance Co. v. Kelley
Citations
- 284 S.W.3d 805
- 52 Tex. Sup. Ct. J. 488
- 2009 Tex. LEXIS 110
- 2009 WL 795528
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding whether contract is ambiguous is question of law to be decided by court
- considering extrinsic evidence in interpreting an insurance agreement due to a latent ambiguity as to the intent of the parties
- reversing summary judgment due to there being an ambiguity in the contract even though neither party had argued the contract was ambiguous
- holding a contract ambiguous despite neither party arguing ambiguity
- the reviewing court must affirm summary judgment if any ground for granting judgment is meritorious, even if the trial court’s order does not specify the grounds relied upon
- existence of two policy numbers on two separate documents considered along with the insurance company's policy-issuance guidelines gave rise to an ambiguity about whether the insured had one or two insurance policies for purposes of exhausting policy limits
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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