Coverage, Exclusions, and “Use” of an Auto

In National Casualty Co. v. Western World Insurance, the Court addressed basic coverage issues under Texas law about auto insurance.  No. 10-41012 (Feb. 3, 2012).  It held that loading a patient into an ambulance is “use” of a an auto within the meaning of one policy, op. at 6 (citing Mid-Century Ins. v. Lindsey, 997 S.W.2d 153 (Tex. 1999)), but did not fall within a “use” exclusion to another policy, reminding that the standard for construing a coverage provision is different than for an exclusion from coverage. Op. at 11.  The Court also found that a “professional services” and an “other insurance” exclusion did not apply.