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.