Viles v. Security National Insurance Co.

I join in the Court’s judgment but not in its opinion, which goes further than it must or should to resolve the dispositive issue before us. That issue, precisely, is whether the Viles are entitled to recover against their insurers without a jury finding that the insurers waived the verified proof of loss required by the insurance policies. I agree that this issue must be resolved in favor of the Viles, but not for the expansive reasons chosen by the Court.

As a rule, whether an insurer has waived the proof of loss required by its insurance policy is a question to be answered by the…