Texas Supreme Court July 1, 2011, 10-0096 (Lancer Insurance Co. v. Garcia Holiday Tours)

Justice MEDINA

delivered the opinion of the Court.

The question in this appeal is whether the transmission of a communicable disease from the driver of a motor vehicle to a passenger is a covered loss under a business auto policy, which affords coverage for accidental bodily injuries resulting from the vehicle’s use. The issue is one of first impression in this state and perhaps the country.