Court of Appeals of Texas, Fifth District, Dallas
Appeal from the 116th Judicial District Court Dallas County,
Texas Trial Court Cause No. DC-15-08932
Justices Lang-Miers, Myers, and Boatright
an appeal from a summary judgment entered in favor of
appellee ACCC Insurance Company and against appellant John
Dempsey. In two issues, appellant argues the trial court
erred by granting appellee's traditional motion for
summary judgment. We affirm.
and Procedural History
ACCC Insurance Company (ACCC) brought this declaratory
judgment action against Shashawna Clifton for a judgment
declaring it had no liability under a policy of automobile
liability insurance issued to her husband, Sherman Clifton,
alleging Shashawna Clifton was an excluded driver under
Sherman Clifton's policy. Shashawna Clifton was driving a
2006 Chevrolet Trailblazer that rear-ended another vehicle
driven by appellant John Dempsey on July 24, 2012.
time of the accident, ACCC had issued an auto insurance
policy to Sherman Clifton that insured the 2006 Chevrolet
Trailblazer Shashawna Clifton was driving on the date of the
accident. The policy, however, contained a "named driver
exclusion" that specifically excluded "Shashawna
Clifton" and "Shashawna K. Clifton" from
coverage under the policy. The named driver exclusion is
found in the application for insurance, which is part of the
policy. It states:
- READ BEFORE YOU SIGN!
EXCLUSION OF NAMED DRIVER AND PARTIAL REJECTION OF
READ THIS ENDORCEMENT CAREFULLY!!
This acknowledgment and rejection is applicable to all
renewals by us or any affiliated insurer. However, we must
provide a notice with each renewal as follows: "This
Policy contains a named driver exclusion."
You agree that none of the insurance coverages afforded by
this Policy shall apply while
The Excluded Driver(s)
Date of Birth
Date of Birth
Shashawna K. Clifton