Dairyland County Mutual Ins. Co. of Texas v. Mason

I respectfully dissent. Under the specific terms of the policy contract sued upon, all coverage upon plaintiff’s vehicle expired at 12:01 a. m., on May 18, 1969, and plaintiff made no effort to tender any payment until “late in the day of May 19, 1969” when he tendered cash to a local agent. The majority admits, as it must, that “there is no way for money paid to Guy in Kirby-ville [even then more than twenty-four hours past due] to get to defendant in Austin the same day”; and, as a matter of fact, the tendered payment did not arrive until May 21, after the destruction of plaintiff’s vehicle.