PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY v. TREVINO

No. 4-05-00113-CV.

202 S.W.3d 811 (2006)

PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY, Appellant, v. HECTOR RAUL TREVINO AND MARIO MOYEDA, Appellees.

Court of Appeals of Texas, Fourth District, San Antonio.

Delivered and Filed: June 28, 2006.


OPINION

Opinion by: KAREN ANGELINI, Justice.

In this appeal, we are presented with the issue of whether the cooperation clause of an automobile insurance policy, which requires an insured to cooperate with his defense, is a condition precedent to coverage under the policy. Because we hold that the cooperation clause is a condition precedent, we reverse and render.

Background

This appeal concerns a personal injury lawsuit brought in Maverick...

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