Randal F. BLACK, C.O. Daniel and Lisa Jeanine Sudderth, Petitioners, v. VICTORIA LLOYDS INSURANCE COMPANY, Respondent, 797 S.W.2d 20

OPINION HIGHTOWER, Justice. This

summary judgment case involves the issuance of an insurance “identification card” pursuant to

article 6701h of the Revised Civil Statutes of Texas to a statutorily exempt “owner” whose liability insurance policy excluded coverage when the vehicle was not being used exclusively for business. After an accident which occurred while Lisa Jeanine Sudderth (Sud-derth) was using the vehicle on a personal matter, Respondent Victoria Lloyds Insurance Company (Victoria Lloyds) denied coverage. Petitioners Randal F. Black (Black), C.O. Daniel (Daniel) and Sudderth filed suit and asserted several causes of action against Victoria Lloyds and others. Victoria Lloyds filed a motion for

summary judgment asserting that there was no misrepresentation as a matter of law, that there was no insurance coverage for the accident and that Black and Sudderth had no standing. The trial court granted Victoria Lloyds’ motion for

summary judgment and rendered judgment against Black, Daniel and Sudderth. The court of appeals affirmed. 769 S.W.2d 949. For the reasons explained herein, we reverse the judgment of the court of appeals and remand the cause to the trial court for further proceedings. The issues before this court are (1) whether there are genuine issues of material fact concerning misrepresentation of the liability insurance coverage for personal use which preclude

summary judgment, (2) whether there are genuine issues of material fact concerning waiver of the policy’s permissive personal use exclusion which preclude

summary judgment and (3) whether Victoria Lloyds’ motion for

summary judgment failed to address all of the asserted causes of action. In 1982, Daniel and Statewide Trucking, Inc. d/b/a Wood Brothers Transfer, Inc. (Wood Brothers) entered into a “lease” arrangement in which Daniel “leased” his pickup truck to Wood Brothers for Daniel’s use in conducting Wood Brothers’ business. Wood Brothers purchased a policy of liability insurance from Victoria Lloyds which met the requirements of

article 911b of the Revised Civil Statutes of Texas for Daniel’s truck. The policy excluded coverage “while the automobile is not being used exclusively in the business of the named insured and over a route the named insured is authorized to serve by federal or public authority...." Wood Brothers deducted the amount of the insurance premiums for Daniel’s pickup truck from Daniel’s pay checks. Daniel did not request or receive a copy of Wood Brothers’ insurance policy prior to the accident. After proof was furnished to the Texas Railroad Commission that Wood Brothers carried the minimum liability insurance required by

article 911b, the Railroad Commission issued a motor carrier permit or certificate to Wood Brothers. The permit or certificate, known as a “cab card,” was delivered to Daniel to be carried in his pickup truck as proof of compliance with

article 911b. Pursuant to

article 6701h of the Revised Civil Statutes of Texas, Victoria Lloyds issued insurance cards to Wood Brothers for distribution to all of its drivers including the drivers of its “leased” vehicles. Daniel received a Victoria Lloyds’ insurance card from Wood Brothers. This insurance card was a separate and distinct card which was also to be carried in Daniel’s pickup truck. There is no indication in the insurance card that Daniel does not have liability insurance coverage for personal use of his pickup truck.

The insurance card does not state that the coverage was limited to the use of the vehicle for business purposes only. In addition to the deduction of the premiums for insurance required by

article 911b, Wood Brothers also deducted the amount of insurance premiums for medical and hospitalization insurance for Daniel and his family and for worker’s compensation insurance for Daniel and other drivers of his pickup truck. However, since Wood Brothers did not purchase a policy of collision insurance which would cover Daniel’s pickup truck, Daniel purchased a collision insurance policy from another source. In October, 1982, Sudderth, Daniel’s daughter, was involved in an accident with Black while driving her father’s pickup truck on a personal matter.

After Victoria Lloyds denied coverage, Black sued Sud-derth, Daniel, Wood Brothers and Victoria Lloyds. After realignment of the parties and severance of a portion of the lawsuit, Black, Sudderth and Daniel asserted causes of action against Victoria Lloyds for breach of contract, violations of the Texas Deceptive Trade Practices — Consumer Protection Act (DTPA) and

section 21.21 of the Texas Insurance Code (including rules and regulations promulgated by the State Board of Insurance), negligence, gross negligence, fraud and breach of duty of good faith and fair dealing. Victoria Lloyds filed a motion for

summary judgment asserting that there was no misrepresentation as a matter of law, that there was no insurance coverage for the accident and that Black and Sudderth had no standing. The trial court granted the motion for

summary judgment. The court of appeals affirmed, holding that issuance of the insurance card cannot constitute a misrepresentation as a matter of law, that Sudderth and Black could not claim “persons injured” status under

section 16 of

article 21.21 of the Insurance Code, that there was no insurance coverage on the occasion in question and that there was no negligence or bad faith. I. Black, Sudderth and Daniel argue that there are genuine issues of material fact concerning misrepresentation of the liability insurance coverage for personal use which preclude

summary judgment. We agree. The standards for reviewing a motion for

summary judgment are well established. The movant has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. MMP, Ltd. v. Jones, 710 S.W.2d 59, 60 (Tex.1986). In deciding whether there is a disputed material fact issue precluding

summary judgment, evidence favorable to the nonmovant will be taken as true. Nixon v. Mr. Property Management Co., 690 S.W.2d 546, 548-49 (Tex.1985). Every reasonable inference must be indulged in favor of the nonmov-ant and any doubts resolved in its favor. Continental Casing Corp. v. Samedan Oil Corp., 751 S.W.2d 499, 501 (Tex.1988).

Article 6701h requires that no motor vehicle may be operated in Texas “unless a policy of automobile liability insurance in at least the minimum amounts to provide evidence of financial responsibility ... is in effect.... ” TEX.REV.CIV.STAT.ANN. art. 6701h, § 1A (Vernon Supp.1990). “[Ejvery owner and/or operator ... shall be required, as a condition of driving, to furnish, upon request, evidence of financial responsibility to a law enforcement officer ... or to another person involved in an accident.” TEX.REV.CIV.STAT.ANN. art. 6701h, § IB (Vernon Supp.1990) (emphasis added).

Satisfactory evidence of financial responsibility includes a “written instrument” issued by a liability insurer stating the name of the insurer, the insurance policy number, the policy period, the name of the insured and the policy limits or a statement that the coverage of the policy complies with the required minimum amount of liability insurance. Id. Proof of financial responsibility is defined as “[pjroof of ability to respond in damages for liability, on account of accidents ... arising out of the ownership, maintenance or use of a motor vehicle_” TEX.REV.

CIV.STAT.ANN. art. 6701h, § 1(10) (Vernon Supp.1990). Black, Sudderth and Daniel assert that the

article 6701h insurance card together with Daniel’s opposing

summary judgment affidavit raise a fact issue concerning misrepresentation of the liability insurance coverage provided by Victoria Lloyds for the drivers of Wood Brothers’ leased vehicles. It is undisputed that the insurance card was the only representation made by Victoria Lloyds to Daniel concerning the scope of insurance coverage. The insurance card given to Daniel by Wood Brothers simply states: “THIS POLICY COMPLIES WITH THE COMPULSORY AUTO LAWS OF THE STATE OF TEXAS.” Nothing in the insurance card or the requirements of

article 6701h distinguishes between liability insurance for business or persona] use. The insurance card does not restrict liability insurance coverage to business use or exclude personal use. It gives no indication that Daniel does not have liability insurance coverage for personal use of his truck. For example, the insurance card does not state that it only applies when the truck is used for business purposes only. Furthermore, there is no indication on the insurance card or otherwise that Daniel was exempt from the requirements of

article 6701h. In response to Victoria Lloyds’ motion for

summary judgment, Black, Sudderth and Daniel pleaded that the issuance and contents of the insurance card were false and misleading and submitted Daniel’s affidavit which stated that (1) it was his understanding from his conversations with Wood Brothers, the payment of premiums, and from the insurance card issued by Victoria Lloyds, that the liability insurance policy he purchased would cover accidents involving his truck whether it was being used for business or personal use, (2) he was aware that Texas law required him to have liability insurance on his truck for personal and business use and he believed that the information on the insurance card confirmed his prior understanding from Wood Brothers that he was purchasing liability insurance for personal as well as business use, (3) it was his purpose in purchasing liability insurance to obtain liability coverage for the vehicle whether it was used for business or personal use as required by the “new auto law” (i.e.,

article 6701h), (4) because of Victoria Lloyds’ misrepresentation that “complete liability insurance” had been provided, he did not purchase any other liability insurance on the truck, and (5) if he had been informed that personal use of the truck was not insured, he would have purchased additional insurance to provide coverage for personal use as required by law. Although Daniel lacked liability insurance coverage for personal use of his truck, his insurance card was sufficient evidence of financial responsibility to have complied with the requirements of

article 6701h. Undoubtedly, presentment of the insurance card to a law enforcement officer would indicate that the operator of the truck has “a policy of automobile liability insurance in at least the minimum amounts to provide evidence of financial responsibility ... to insure against potential losses which may arise out of the operation of that vehicle.” TEX.REV.CIV.STAT.ANN. art. 6701h, § 1A (Vernon Supp.1990).

We find that the combined effect of the issuance and contents of the insurance card and Daniel’s affidavit raises a fact issue concerning misrepresentation of the liability insurance coverage for personal use. As a result, we hold that there are issues of material fact concerning misrepresentation which preclude

summary judgment. II. Black, Sudderth and Daniel argue that there are genuine issues of material fact concerning waiver of the policy’s permissive personal use exclusion which preclude

summary judgment. We agree. The general provisions of the insurance policy provided coverage for persons using or operating an owned or hired automobile with the permission of the named insured.

However, several endorsements to the insurance policy altered the general provisions to exclude coverage “while the automobile is not being used exclusively in the business of the named insured and over a route the named insured is authorized to serve by federal or public authority....” This is the “permissive personal use exclusion.” Black, Sudderth and Daniel assert that the issuance and contents of the insurance card raise fact issues concerning whether Victoria Lloyds waived the policy provisions excluding coverage for permissive personal use of Daniel’s vehicle.

If Victoria Lloyds waived the policy’s permissive personal use exclusion, the general provisions of the insurance policy would be “reinstated” and Sudderth would arguably be covered. An agent with authority to bind the insurer concerning coverage may waive exclusionary provisions of an insurance policy by a later representation at variance with the written terms of the policy. See Royal Globe Insurance Co. v. Bar Consultants, Inc., 577 S.W.2d 688, 693 (Tex.1979); New York Fire Insurance Co. v. Reed, 138 S.W.2d 138 141-142 (Tex.Civ.App.-Amarillo 1939, writ ref’d); Home Insurance Co. v.

Roberts, 129 Tex. 178, 100 S.W.2d 91, 93 (1937). Summit General Agency, Inc. provided the insurance card to Wood Brothers for distribution to drivers of “leased” vehicles such as Daniel. Victoria Lloyds does not dispute that Summit General Agency, Inc., its attorney-in-fact, had authority to bind it concerning coverage. In response to Victoria Lloyds’ motion for

summary judgment, Black, Sudderth and Daniel pleaded that Victoria Lloyds waived the policy provisions excluding coverage for permissive personal use of Daniel’s vehicle by a later representation in the insurance card that was at variance with the written terms of the policy.

Black, Sudderth and Daniel submitted the insurance card and Daniel’s affidavit which stated, among other things, that (1) he was aware that Texas law required him to have liability insurance on his truck for personal and business use, (2) he believed that the information on the insurance card confirmed his understanding that he was purchasing “complete liability insurance” and (3) it was his understanding from the insurance card that the insurance policy covered his truck for business and personal use.

The insurance card issued to Daniel does not distinguish between liability insurance for business or personal use. The issuance and contents of the insurance card and Daniel’s affidavit raise fact issues concerning whether Victoria Lloyds waived the policy provisions excluding coverage for personal use of Daniel’s vehicle by a later representation in the insurance card that was at variance with the written terms of the policy. Therefore, we hold that there are issues of material fact concerning waiver of the policy’s permissive personal use exclusion which preclude

summary judgment. III. Black, Sudderth and Daniel argue that Victoria Lloyds’ motion for

summary judgment failed to identify or address all of their causes of action. We agree. Black, Sudderth and Daniel asserted causes of action against Victoria Lloyds for breach of contract, violations of the DTPA and the Insurance Code, negligence, gross negligence, fraud, and breach of duty of good faith and fair dealing. Victoria Lloyds’ motion for

summary judgment asserted that there were no misrepresentations as a matter of law, that there was no insurance coverage for the accident and that Black and Sudderth had no standing to sue for misrepresentation and fraud. Although the motion for

summary judgment stated that it “embraces all causes of action asserted by Plaintiff and Cross-claimants,” the motion failed to identify or address the causes of action for violations of the DTPA and the Insurance Code, negligence, gross negligence and breach of duty of good faith and fair dealing or their elements. The trial court granted the motion for

summary judgment concerning all causes of action asserted against Victoria Lloyds. Rule 166a of the Texas Rules of Civil Procedure provides that the “motion for

summary judgment shall state the specific grounds therefor ...” and that

summary judgment “shall be rendered forthwith if ... the moving party is entitled to judgment as a matter of law on the issues expressly set out in the motion or in an answer or any other response.” TEX.R. CIV.P. 166a. A

summary judgment mov-ant may not be granted judgment as a matter of law on a cause of action not addressed in a

summary judgment proceeding. Chessher v. Southwestern Bell Telephone Co., 658 S.W.2d 563, 564 (Tex.1983). The movant must establish his entitlement to a

summary judgment on the issues expressly presented to the trial court by conclusively establishing all essential elements of his cause of action or defense as a matter of law. City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671, 678 (Tex.1979).

Summary judgment for defendant is proper when the evidence establishes that there is no genuine issue of material fact concerning one or more of the essential elements of plaintiff’s cause of action, Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex.1970), or when each element of an affirmative defense to plaintiff’s cause of action is established as a matter of law, Montgomery v. Kennedy, 669 S.W.2d 309, 311 (Tex.1984). However, in order to conclusively establish the requisite essential element or elements, the motion must identify or address the cause of action or defense and its elements. Since Victoria Lloyds’ motion for

summary judgment failed to identify or address the causes of action for violations of the DTPA and the Insurance Code, negligence, gross negligence and breach of duty of good faith and fair dealing or their essential elements, we hold that the granting of

summary judgment concerning these causes of action was error. For the reasons explained herein, we reverse the judgment of the court of appeals and remand the cause to the trial court for further proceedings. Dissenting opinion by HECHT, J., joined by PHILLIPS, C.J., and GONZALEZ and COOK, JJ. . To receive a permit or certificate of public convenience and necessity under

article 911b, a motor carrier must file bonds and/or insurance policies with the Texas Railroad Commission. The bonds and/or insurance policies must provide that the obligor will pay — to the extent of the face amount of the bonds and/or insurance policies — all judgments which may be recovered against the motor carrier based upon various claims and arising out of the actual operation of the motor carrier. TEX.REV.CIV.STAT.ANN. art. 911b, § 13 (Vernon 1964). .

The insurance card provided: (FRONT) Victoria Lloyds Houston, Texas IDENTIFICATION CARD Policy Number GLA 0550 Expires 1/20/83 Insured 1) Wood Brothers Transfer, Inc. 2) Statewide Trucking 2410 Commerce Houston, Texas 77003 Agent SUMMIT GENERAL AGENCY, INC. (BACK) THIS POLICY COMPLIES WITH THE COMPULSORY AUTO LAWS OF THE STATE OF TEXAS IF YOU HAVE AN AUTOMOBILE ACCIDENT 1. Stay calm. DO NOT leave the scene. 2. Do not discuss the accident with anyone but the police or an authorized representative of Victoria Lloyds. 3.

Be sure to obtain: The owner and driver's name, address, license number, both plate and driver’s license number, their insurance company, name and address of injured persons and extent of injury and witnesses’ names and addresses. 4. Write down the details. 5. As soon as possible, notify your agent or the Insurance Company, 1-713/527-0444, 3131 W. Alabama, Houston, Texas 77098. . After Black filed suit, Sudderth and Daniel filed a cross-action against the other defendants.

The parties were realigned and the cross-action was severed so that Black, Sudderth and Daniel were aligned against Wood Brothers and Victoria Lloyds. Eventually, Wood Brothers was nonsuited. The auto collision case against Sud-derth and Daniel proceeded to trial and a jury awarded Black judgment against Sudderth. This cause consists of the "cross-action” against Victoria Lloyds. . Section 1(8) of

article 6701h defines "owner" as A person who holds the legal title of a motor vehicle, or in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purposes of this Act. TEX.REV.CIV.STAT.ANN. art. 6701h, § 1(8) (Vernon Supp.1990). Section 1(7) of

article 6701h defines "operator” as “[ejvery person who is in actual physical control of a motor vehicle.” TEX.REV.CIV.STAT.ANN. art. 6701h, § 1(7) (Vernon Supp.1990). . However, any motor vehicle subject to

section 13 of

article 911b is exempt from the requirements of

section 1A of

article 6701h. TEX.REV. CIV.STAT.ANN. art. 6701h, §§ 1A, 33 (Vernon 1977 & Supp.1990). Daniel, as an operator of a leased truck, had insurance coverage as required by

section 13 of

article 911b, but was exempt from the requirements of

article 6701h. . The dissent invites the Court to speculate concerning fact scenarios under which Victoria Lloyds might be entitled to

summary judgment. For example, what if Victoria Lloyds added a statement to the insurance card such as "Not Valid for Personal Use” or "See policy for details” or what if Victoria Lloyds had given Daniel the entire policy? In addition, the dissent invites the Court to advise Victoria Lloyds what it should do to be entitled tó

summary judgment on remand. For example, “[ijf Victoria Lloyds should have done something more or different, the Court should say so” and the Court should "explain how

summary judgment could be granted.” Page 29-30 (Hecht, J., dissenting). For obvious reasons, we decline to consider fact scenarios not before the Court or to advise Victoria Lloyds on what it should do on remand to be entitled to

summary judgment. . Section 1(10) of

article 670lh in effect at the time of the accident defined “proof of financial responsibility” as follows: Proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of said proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of Ten Thousand Dollars ($10,000) because of bodily injury to or death of one person in any one accident, and, subject to said limit for one person, in the amount of Twenty Thousand Dollars ($20,000) because of bodily injury to or death of two (2) or more persons in any one accident, and in the amount of Five Thousand Dollars ($5,000) because of injury to or destruction of property of others in any one accident.

TEX.REV.CIV.STAT.ANN. art. 6701h, § 1(10) (Vernon 1977). . The dissent states that the effect of the Court's opinion is, among other things, that no claim against an insurance company, no matter how frivolous, may ever be dismissed by

summary judgment and that

summary judgments against plaintiffs who sue insurance companies are abolished. Page 30 (Hecht, J., dissenting). Contrary to the dissent’s conclusions, the Court determined that under the facts and circumstances in this case, there are genuine issues of material fact which preclude

summary judgment. The Court has not abolished

summary judgments against plaintiffs who sue insurance companies or determined that no claim against an insurance company may ever be dismissed by

summary judgment. .The "Persons Insured" provision of the insurance policy provides in pertinent part as follows: Each of the following is an insured under this insurance to the extent set forth below: ****** (

c) any other person while using an owned automobile or a hired automobile with the permission of the named insured, provided his actual operation or (if he is not operating) his other actual use thereof is within the scope of such permission.... . Automobile endorsement TX-06-17 “Truck-men-Gross Receipts or Mileage Basis” provides in pertinent part: 1. With respect to the insurance for bodily injury liability and for property damage liability afforded by this endorsement the “Persons Insured” provision of the policy is replaced by the following: ****** None of the following is an Insured: (

i) any person or organization, or any agent or employee thereof, other than the named insured or an employee thereof, engaged in the business of transporting property by automobile for the named insured or for others under any of the following conditions: (1) if the bodily injury or property damage occurs while such automobile is not being used exclusively in the business of the named insured and over a route the named insured is authorized to serve by federal or public authority....

Automobile endorsement TX-06-21 “Truck-men-Hired Automobiles" provides in pertinent part: It is agreed that the insurance with respect to owned automobiles applies to the maintenance or use, including loading and unloading of hired automobiles, subject to the following provisions: ****** (

d) The insurance does not cover as an insured, the owner or any lessee (of whom the named insured is a sub-lessee) of a hired automobile, or any agent or employee of such owner or lessee, if the bodily injury or property damage occurs: (1) while the automobile is not being used exclusively in the business of the named insured and over a route the named insured is authorized to serve by federal or public authority. ... . As a result of the disposition of the other issues, our consideration of the alleged lack of standing of Black and Sudderth is premature. Thus, we express no opinion on this issue.