Warrilow v. Norrell

In Warrilow v. Norrell, 791 S.W.2d 515, 525-26 (Tex. App.-Corpus Christi 1989, writ denied) ,the defendant was carrying a pistol. The pistol had a defect allowing it to fire when dropped, but the defendant had not repaired the defect. The defendant also had a bullet in the chamber under the hammer, which was shown to be negligent behavior. Id. at 518. The parties got out of the vehicle, and the defendant removed his fully loaded pistol from his holster to set it inside the vehicle while helping to change the tire. Id. at 517. However, the defendant dropped the pistol, which went off, killing the plaintiff. Id. The defendant's insurance policy excluded coverage for loading and unloading a vehicle or performing maintenance on a vehicle. Id. at 518. The court of appeals concluded coverage was not excluded because the injury to the plaintiff from the defendant's negligence in not having the pistol repaired and in failing to have an empty chamber under the hammer caused the plaintiff's injury, and these acts of negligence were independent of the act of loading or unloading the vehicle or changing the tire. Id. at 526.