St. Paul Mercury Insurance Co. v. Tri-State Cattle Feeders, Inc.

This case involves the question of coverage under a theft insurance policy. The court of appeals affirmed the trial court’s judgment for the insured, Tri-State Cattle Feeders, Inc. 628 S.W.2d 844. The application for writ of error by the insurance carriers is refused, no reversible error.

However, we disapprove the court of appeals invalidating the 24-hour notice of loss provision in the policy under authority of article 5546(a). 1 Article 5546(a) states in part:

No stipulation in a contract requiring notice to be given of a claim for damages as a condition precedent to the right to sue thereon…