Port Arthur Towing Company v. Mission Insurance Company

With great respect and affection for my sisters, I dissent. Under Texas law prevailing at the time Mission issued the contested policy, any contractual attempt to foreshorten the claim period to a time less than two years rendered the limitation clause void. Tex.Rev.Civ.Stat.Ann. art. 5545 (Vernon 1958). At the time it issued the policy, Mission knew that their standard clause limiting the claim period to twelve months was void in Texas. To reinstate a valid claim period limitation, Mission could have added to Port Arthur’s policy a specific endorsement limiting the claim period to a specific…