Republic Underwriters Insurance Co. v. Mex-Tex, Inc.

in which Chief Justice JEFFERSON, Justice OWEN, Justice WAINWRIGHT, and Justice BRISTER joined.

We must decide whether the commercial property insurer in this case breached its policy obligation to replace a damaged roof with one of “like kind and quality”, and if so, whether the insurer’s tender of partial payment of the claim avoided, on that amount, the 18% per annum delay penalty imposed by article 21.55 of the Texas Insurance Code. We reverse the judgment of the court of appeals1 and remand the case to the trial court for rendition of judgment.

Following a May 25, 1999 hail storm in…