McKay v. American Central Ins. Co.

NORVELL, Justice.

This is an appeal from a judgment non. obstante veredicto directing that appellants take nothing against appellees, American: Central Insurance Company and Commerce Insurance Company. The suit is a consolidated one, based on two policies allegedly issued by the American Central, and one by the Commerce. The controlling question in the case is whether or not the insurance companies waived the provisions of the policies requiring the filing of proofs of loss.

The Texas Standard Form of policy provides that: “ * * * Within ninety-one days after the loss, unless such time is…