Weaver v. Highlands Insurance Co.

OPINION

TIM TAFT, Justice.

This is an appeal from summary judgment against Thomas J. Weaver, d/b/a Wellwritten Enterprises (Weaver), in favor of Highlands Insurance Company (Highlands). We address whether Highlands negated as a matter of law Weaver’s claim that Highlands was obligated to pay Weaver because Highlands prevented Weaver from performing. We affirm.

Background

Weaver sued Highlands for breach of contract. Weaver and Highlands signed a written consultant agreement which, among its terms, stated the following:

1) The terms of the Agreement shall commence as of November 5, 1996 and shall…