The Members Mutual Insurance Company, Petitioner v. Sam S. Cutaia, Respondent

Summary

The Texas Supreme Court reversed the Court of Civil Appeals, holding that the notice and suit‑paper forwarding requirements in the insurance policy are conditions precedent to liability and are enforceable regardless of whether the insurer suffered prejudice. The Court declined to overrule its prior decisions in Hamblen and Klein, leaving any policy changes to the State Board of Insurance or the Legislature. Justice Reavley dissented, affirming the Court of Civil Appeals' judgment.