Texas Supreme Court

Howard Klein v. Century Lloyds

January 12, 1955154 Tex. 160

Summary

The Texas Supreme Court affirmed the lower courts, holding that the insured failed to give notice of the accident as soon as practicable, which is a condition precedent to recovery, and that no estoppel barred the insurer's defense. The Court also noted that the cooperation provision was immaterial. A dissent argued that the insurer waived the notice requirement and that recovery should be allowed.