Bergensen v. Hartford Ins. Co. of the Midwest
In Bergensen v. Hartford Ins. Co. of the Midwest, 845 S.W.2d 374 (Tex. App.--Houston1st Dist. 1992, writ ref'd), the appellant was injured while riding in a vehicle driven by her husband. Id. at 375.
The appellant settled her claim against her husband for the limits under the liability provision of his insurance policy and then sought to recover underinsured motorist benefits under the same policy. Id.
The court determined that the purpose of Article 5.06 of the Texas Insurance Code is to protect the insured, the insured's family, and guests from the "negligence of others" and that "negligence of others" refers to negligence of strangers to the policy holder, not to members of the policy holder's family. Id. at 376-77.
The supreme court refused writ without qualification. Such cases have equal precedential value as the Supreme Court of Texas's own opinions. See Tex. R. App. P. 56.1(c).