William J. Viles and Mary R. Viles, Petitioners v. Security National Insurance Company, Trinity Universal Insurance…

Summary

The Texas Supreme Court reversed the Court of Appeals, holding that the Viles' breach of the duty of good faith and fair dealing claim is not barred by their failure to file a proof of loss within the contractual time, because the insurers denied the claim before the deadline, thereby waiving the proof of loss requirement. The Court remanded for further consideration of issues not addressed.