United States Fidelity and Guaranty Company, Petitioner v. Bimco Iron and Metal Corporation, Respondent

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the vandalism and malicious mischief endorsement covered the damage to the warehouse building caused by burglars and that the insurer had waived its defense of untimely proof of loss. The Court interpreted the exclusion in paragraph 3b as applying only to personal property, not to the building itself, and applied a liberal construction in favor of the insured. The decision also clarified that a waiver may be effective after the filing deadline when the condition waived is not material. Justice Steakley, concurring, disagreed with the majority's construction of the endorsement.