Paradigm Insurance Co. v. Texas Richmond Corp.

CANNON, Justice (Retired),

dissenting.

I respectfully dissent. Butler’s petition asserts a cause of action against The Men’s Club that does not depend upon The Men’s Club causing or contributing to the intoxication of any person; the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. Butler’s allegation that the Men’s Club failed to hire and select a competent valet parking service is not dependent upon its causing or contributing to the intoxication of any person.

*654The majority relies upon Abe’s Colony Club, Inc. v. C & W Underwriters, Inc., 852 S.W.2d 86, 89 (Tex.App.—Fort Worth 1993, writ denied) and Thornhill v. Houston General Lloyds, 802 S.W.2d 127, 130 (Tex.App.—Fort Worth 1991, no writ) in holding that under the terms of its policy, Paradigm has no duty to defend. However, both Abe’s and Thornhill are distinguishable from this case. In both eases, each and every allegation against the insured related to the business of selling or serving alcoholic beverages.

In the instant case, however, Butler’s allegation in her petition that related to the valet service is not related to the business of selling or serving alcoholic beverages. The Men’s Club provides a service to all its patrons through the valet service which is in no way related to its business of selling alcohol. Any person can valet park his automobile, without regard to whether alcoholic beverages have been consumed at the club. The service provided by the Five Star valet company is entirely independent of The Men’s Club’s business of selling and serving alcohol.

Because I believe this case is distinguishable from Abe’s or Thornhill, I respectfully dissent.