Republic Underwriters Insurance Co., Petitioner v. Mex-Tex, Inc., Respondent

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded for a judgment that Republic Underwriters breached its policy by failing to pay the cost of a comparable roof and that the statutory delay penalty under Article 21.55 applies only to the $33,540 difference between the partial payment and the full claim amount. Justice O’Neill dissented, arguing the evidence supported an unconditional tender and a penalty on the full claim.