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

Summary

The Texas Supreme Court reversed the lower courts, holding that the policy’s condition precedent requiring the insured to forward suit papers is enforceable and discharges the insurer’s liability regardless of any prejudice, and declined to overrule its prior decisions in Hamblen and Klein. Justice Reavley dissented, preferring to affirm the Court of Civil Appeals.