Texas Supreme Court
Gulf Insurance Company, Petitioner v. Parker Products, Inc., Respondent
July 18, 197316 Tex. Sup. Ct. J. 433
Summary
The Texas Supreme Court affirmed the Court of Civil Appeals' reversal of summary judgment, holding that the policy’s exclusion (n) does not bar coverage for the loss of the ice cream itself and that Gulf Insurance waived the condition precedent by refusing to defend Parker, making the insurer liable for the settlement and attorney fees.