Chapin & Chapin, Inc., Fidelity and Deposit Company of Maryland, and United States Fidelity and Guaranty Company…

Summary

The Texas Supreme Court held that the trial court abused its discretion by refusing to allow Chapin & Chapin to amend its answer to include a verified denial, reversing the appellate court’s judgment and remanding for further proceedings. The Court distinguished prior cases, concluding the amendment was procedural, not substantive, and therefore should have been permitted absent surprise or prejudice.