Massachusetts Bonding and Insurance Co., Petitioners v. Orkin Exterminating Company, Inc., Respondent

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and the trial court, holding that the insurance company was not entitled to summary judgment because genuine issues of fact existed regarding waiver of the notice requirement and the applicability of the policy’s accident coverage. The Court found that the retrospective premium adjustments and the non‑waiver agreement did not constitute a legal waiver, and that the damage was an "accident" within the policy. The decision was accompanied by a dissent arguing that the non‑waiver agreement should be enforced and that summary judgment was proper. The case was remanded for further proceedings.