State Farm Fire & Casualty Company v. Joseph C. Reed

This is an appeal of a summary judgment for declaratory relief granting insurance coverage in favor of appellees, Joseph Reed, Frances Reed, Michael Ford and wife, Sheree Ford, individually and a sole surviving heirs of Michael Way Ford, III, deceased, and denying summary judgment and declaratory relief in favor of no coverage against appellant, State Farm Fire and Casualty Company. The trial court found, as a matter of law, that the homeowners insurance policy issued to Joseph and Frances Reed by appellant covered an incident of liability which occurred on the Reeds property. The trial court also awarded reasonable attorneys fees in the amount of $20,000 for the handling of the matter through the trial court, $15,000 for appeal through the court of appeals, and $10,000 for appeal through the Texas Supreme Court. The trial court denied appellants motion for summary judgment which would have denied coverage on the basis of a business exclusion contained within the policy. Appellant appeals from the courts denial of its summary judgment.