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Dempsey v. ACCC Insurance Co.

Court of Appeals of Texas, Fifth District, Dallas

May 4, 2018

JOHN DEMPSEY, Appellant
v.
ACCC INSURANCE COMPANY, Appellee

          On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-08932

          Before Justices Lang-Miers, Myers, and Boatright

          MEMORANDUM OPINION

          LANA MYERS JUSTICE

         This is 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.

         Background and Procedural History

         Appellee 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.

         At the 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:

         IMPORTANT - READ BEFORE YOU SIGN!

         515A. EXCLUSION OF NAMED DRIVER AND PARTIAL REJECTION OF COVERAGES

         WARNING!! 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)

Name

Date of Birth

Name

Date of Birth

Shashawna Clifton

7/2/1976

Shashawna K. Clifton

7/2/1976


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