Fidelity & Guaranty Insurance Underwriters, Inc. v. McManus

In Fidelity & Guaranty Insurance Underwriters, Inc. v. McManus, 633 S.W.2d 787 (Tex. 1982), the Court construed a specific provision that excluded injuries caused by the "ownership, maintenance, operation, use, loading or unloading of a recreational motor vehicle away from the residence." Id. at 788-89. The Court concluded that the exclusion barred the insurer's duty to defend a negligent entrustment claim. Id. at 790. The exclusion in McManus had no intent element. It was thus not necessary to consider the insured's relationship to the event, because the exclusion was premised on a readily determined fact - whether the recreational motor vehicle was being used away from the residence.