No. C-9006.

788 S.W.2d 566 (1990)

William J. VILES and Mary R. Viles, Petitioners, v. SECURITY NATIONAL INSURANCE COMPANY, Trinity Universal Insurance Co., and the Trinity Companies, Respondents.

Supreme Court of Texas.

Rehearing Overruled May 23, 1990.

Attorney(s) appearing for the Case

Rickey J. Brantley, Fort Worth, for petitioners.

Larry L. Gollaher, Dallas, for respondents.

DOGGETT, Justice.

The issue in this appeal is whether an action for breach of the duty of good faith and fair dealing is barred because of the insured's failure to file a proof of loss form within the time period required by the insurance contract. The court of appeals found that the failure of the insureds to file timely a sworn proof of loss defeated their claim for breach of the duty of good faith and fair dealing. 773 S.W.2d 68

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