Joseph May Weaver, Petitioner v. Hartford Accident and Indemnity Company, Respondent

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that Hartford Accident & Indemnity Company had no duty to defend the omnibus insured because the omnibus insured failed to forward the suit papers, and compliance by the named insured alone did not satisfy the policy's condition precedent. The Court declined to address the validity of the default judgment against the omnibus insured. Justice McGee dissented, arguing that the insurer should be liable once the named insured forwards the papers, and Justice Greenhill concurred in part with the dissent.