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Click here for the full text of this decision FACTS:Benjamin F. May Jr. purchased a commercial general liability insurance coverage from CU Lloyd’s of Texas for his business, a sole proprietorship. The named insured was Benjamin May, doing business as May’s Younglandia. The policy excluded coverage for bodily injury or property damage caused by a “non-owned auto” used in Benjamin’s business by any person other than Benjamin. A “non-owned auto” was defined as any auto Benjamin did not own, lease, hire or borrow that is used in connection with his business. In turn, “you” was defined as the named insureds: Benjamin and May’s Younglandia. In August 1995, a car driven by Benjamin’s son Gary ran into a tractor trailer, injuring Gary’s passenger, Jason Hatfield. The car’s title was in Benjamin’s name. Jason and his mother sued Gary and Benjamin, individually and doing business as May’s Younglandia. Lloyd’s refused to defend. A trial court ruled against all defendants, jointly and severally, for $996,000. The trial court found Gary drove negligently while in the scope of his employment with May’s Younglandia, and that Benjamin, in both of his capacities, was liable under respondeat superior and negligent entrustment theories. Lloyd’s then filed a declaratory judgment action against Jason, Jason’s mom, Gary and Benjamin, individually and doing business as May’s Younglandia, seeking interpretation of coverage under its policy with Benjamin. Lloyd’s moved for summary judgment on the ground that it had no duty to defend or indemnify because the named insured (Benjamin) owned the automobile involved in the accident and the insurance policy excluded coverage for such casualties. The trial court denied the motion, but granted a partial summary judgment to the defendants on their breach-of-contract claim, severed that claim and then found Lloyd’s liable for the $996,000, even though the policy limit was $500,000. Lloyd’s appeals, arguing the trial court erred in granting the defendants’ partial motion for summary judgment; denying Lloyd’s motion for summary judgment; and granting an award over the policy limit. HOLDING:Reversed and rendered. The defendants argue that because Gary was acting within the course and scope of his employment for May’s Younglandia and he was driving a vehicle not owned by May’s Younglandia, the vehicle falls under the “non-owned auto” exception to the exclusion in the commercial general liability policy. The court agrees with both Lloyd’s and the defendants that the policy terms are unambiguous, but the court nevertheless reaches a different conclusion from the one reached by the defendants. The critical issue, the court finds, is whether Benjamin and May’s Younglandia are one and the same for purposes of this policy. As a sole proprietorship, the court concludes that they are one and the same. “[W]e conclude that the ‘named insured’ here � ‘May’s Younglandia, Benjamin F. May DBA’ � is not a separate and distinct entity from the owner of the automobile in question � Benjamin F. May, Jr. Consequently, the [policy] did not provide coverage for Jason Hatfield’s injuries because the automobile was owned by the named insured.” The policy exclusion does not support an interpretation that there is a distinction between business use and individual use. The court’s holding that Benjamin and his business are one and the same does not render the exclusions meaningless, the court continues, because non-owned autos are covered when used in connection with the business. OPINION:Frost, J.; Yates, Hudson and Frost, JJ.

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