The plaintiffs were injured in a motor vehicle accident in Texas while driving a rental vehicle.
The at-fault driver was underinsured.
The plaintiffs settled their claims, leaving a priority dispute between two insurers providing OPCF 44R family protection coverage: Liberty (insuring the plaintiff's employer) and Unifund (insuring the plaintiff's spouse).
Liberty brought a motion for summary judgment arguing its policy did not respond.
The court held that under section 2.2.3 of OAP 1, the Liberty policy did not cover the rental vehicle because the plaintiff was an employee of the named corporate insured.
Consequently, Unifund was the sole first loss insurer.
The action against Liberty was dismissed.
