Elephant Insurance Company, LLC, Petitioner, v. Lorraine Kenyon, Individually and as Executrix of the Estate of Theodore Kenyon, Respondent, 644 S.W.3d 137

Summary

HOLDINGS: [1]-Where an insured motorist was involved in a single-car accident, the Supreme Court of Texas held the automobile insurer owed the motorist and her husband no duty to process a single-vehicle accident claim without requesting that the insured take photographs or to issue a safety warning along with any such request for photographs of the accident scene; [2]-The general danger of getting hit by a car may be reasonably foreseeable if an insured is instructed to take pictures at the scene of an automobile accident or if such a request is issued without also warning the insured to be careful or without first inquiring whether the insured believes it is safe to do so.